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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- SIXTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 5, A. D.
1971
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January II, A. D.
1972
PART I
VOLUME LVIII

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY-SIXTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 5, A. D.
1971
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January II, A. D.
1972
PART I
VOLUME LVIII
LAWS OF DELAWARE
CHAPTER 1
FORMERLY SENATE BILL NO. 2
AN ACT TO AMEND CHAPTER 9, TITLE 28, DELAWARE
CODE, RELATING TO MISCELLANEOUS PROVISIONS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 906 (a), Title 28, Delaware Code, is amended
by striking the period at the end of the sentence and inserting a
comma in lieu thereof, and by adding after said comma the
following:
"nor shall this prohibition apply to horse racing in New Castle
County."
Approved January 28, 1971.
3
CHAPTER 2
FORMERLY SENATE BILL NO. 3
AN ACT TO AMEND CHAPTER 3, TITLE 28, DELAWARE
CODE, RELATING TO HORSE RACING.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 322 (c) Title 28, Delaware Code, is amended
by striking and deleting from the second sentence the figure "61"
and inserting in lieu thereof the figure "65."
Approved January 28, 1971.
CHAPTER 3
FORMERLY SENATE BILL NO. 44
WITH HOUSE AMENDMENT NO. 1
AN ACT MAKING A SUPPLEMENTARY APPROPRIATION
FROM THE GENERAL FUND OF THE STATE IN THE
AMOUNT OF $47,000 TO THE CRIPPLED CHILDREN'S
SECTION OF THE DIVISION OF MATERNAL, CHILD
AND CRIPPLED CHILDREN'S SERVICES OF THE
DIVISION OF PHYSICAL HEALTH OF THE DEPART-MENT
OF HEALTH AND SOCIAL SERVICES.
WHEREAS, the division of crippled children's services
exhausted its funds on January 1, 1971; and
WHEREAS, this has cut off services to physically
handicapped children in the following areas braces and repairs,
crutches, hearing aids and repairs, surgery, anaesthesia, in-hospital
treatment, x-ray, audiologic and otologic examinations, transport-ing
downstate children to the Alfred I. duPont Institute,
transporting children to the regional heart program at Johns
Hopkins Hospital, orthodontia and pedodontia; and
WHEREAS, even in times of financial stress and prudent
economic practice, physically handicapped children of Delaware
still need care which should not be postponed.
NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. That there is hereby appropriated from the
General Fund of the State of Delaware to the Crippled Children's
Section of the Division of Maternal, Child and Crippled Children's
Services of the Division of Physical Health of the Department of
Health and Social Services the sum of Forty-seven Thousand
Dollars ($47,000).
Section 2. Any funds remaining unexpended on June 30,
1971, shall revert to the General Fund of the State.
Approved February 5, 1971.
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CHAPTER 4
FORMERLY HOUSE BILL NO. 2
AN ACT TO AMEND SUBCHAPTER II, CHAPTER 3, TITLE 28
OF THE DELAWARE CODE, RELATING TO RACING
APPLICATIONS, AWARD OF DATES, AND MAXIMUM
RACING DAYS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend section 322, Subchapter II, Chapter 3,
Title 28 of the Delaware Code, by striking the phrase "15th day of
January" as it appears in paragraph (c) therein, and substituting
therefor the phrase "first Tuesday in February" in lieu thereof.
Section 2. Amend section 322, Subchapter II, Chapter 3,
Title 28 of the Delaware Code, by striking the phrase "15th day of
January" as it appears in paragraph (e) therein, and substituting
therefor the phrase "first Tuesday in February" in lieu thereof.
Approved February 10, 1971.
CHAPTER 5
FORMERLY SENATE BILL NO. 35
AN ACT TO VALIDATE A BOND ELECTION HELD IN THE
ALEXIS I. duPONT SCHOOL DISTRICT, DELAWARE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The Bond Election held in the Alexis I. duPont
School District on May 16, 1970, is hereby validated and
confirmed, notwithstanding that the Notice of such election was
published a total of five (5) times, rather than six (6) times, prior
to said election, as provided in Chapter 21, Title 14, Delaware
Code.
Section 2. This Act shall take effect immediately.
Approved February 11, 1971.
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CHAPTER 6
FORMERLY SENATE BILL NO. 52
AN ACT AUTHORIZING THE TREASURER OF THE STATE
OF DELAWARE TO ADVANCE $78,000 FROM THE
GENERAL FUND TO THE STATE DEPARTMENT OF
PUBLIC INSTRUCTION TO EXPEDITE THE COMPLE-TION
OF NECESSARY WATER AND SEWER FACILITIES
FOR THE H. B. DU PONT MIDDLE SCHOOL IN THE
ALEXIS I. DU PONT SCHOOL DISTRICT.
WHEREAS, the State's 60% share of the $130,000 projected
for the completion of the water and sewer facilities for the H. B.
duPont Middle School in the Alexis I. duPont School District was
inadvertently omitted from the authorized 1969 Capital
Improvement Program; and
WHEREAS, such belatedly discovered omission has been
provided for in the yet to be authorized 1972 Capital
Improvement Program; and
WHEREAS, the required necessity certificates have been
issued, the local 40% share of $52,000 has been authorized by
referendum held on May 16, 1970 and the local bond sale is
scheduled for February 15, 1971, therefore,
Be it enacted by the General Assembly of the State of
Delaware
Section 1. The Treasurer of the State of Delaware is hereby
authorized to advance from the General Fund the sum of $78,000
to the State Department of Public Instruction to expedite the
completion of the necessary water and sewer facilities for the H.
B. duPont Middle School in the Alexis I. duPont School District,
which sum shall be repaid to the General Fund, when and if such
sum shall have been authorized and funded in accordance with the
projected 1972 Capital Improvement Program.
Approved February 11, 1971.
CHAPTER 7
FORMERLY HOUSE BILL NO. 20
AN ACT TO AMEND SECTION 9602, TITLE 9, DELAWARE
CODE, RELATING TO THE SALARY OF THE
RECORDER OF DEEDS IN AND FOR NEW CASTLE'
COUNTY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 9602 (1), Title 9, Delaware Code, is
amended by striking the figure "$9,000", as the same appears
therein, and inserting in lieu thereof the figure "$12,000".
Section 2. This Act is effective January 1, 1971.
Approved March 2, 1971.
10
CHAPTER 8
FORMERLY HOUSE BILL NO. 12
WITH SENATE AMENDMENT NO. 1
AN ACT TO AMEND SECTION 2004, CHAPTER 20, TITLE 14,
DELAWARE CODE RELATING TO CONSTRUCTION OF
FACILITIES EXCEEDING THE STANDARD SCHOOL
CONSTRUCTION FORMULA.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Section 2004, Title 14, Delaware Code, by
striking the section in its entirety and substituting in lieu thereof
the following:
§ 2004. Construction of facilities exceeding the standard formula
The provisions of this Chapter shall not prevent the State
Board of Education from approving school construction requests
submitted by Districts when such requests vary from the standard
formula; provided, however, that when the costs of the facilities so
approved exceed the costs determined by the standard formula,
the voters in the Districts so affected may authorize and limit by
referendum the expenditure of funds to the amount based on the
standard formula, such referendum to be held in accordance with
the provisions of Chapter 21 of this Title. The following form shall
be used on the ballots in such election:
Section I Vote for one
For a bond issue at this time
Against a bond issue at this time
Section II Vote for one
In the event that the majority of votes cast in Section I is for a
bond issue, which bond issue would you prefer?
A. For the bond issue in the amount of $ as
recommended by the School Board.
Chapter 8 11
B. For the bond issue in the amount of $ as
determined from the standard formula by the State Board of
Education.
The amounts of the proposed bond issues shall be inserted in
the appropriate spaces on the ballot. Section I of the ballot shall
be counted first. If the majority is for issuance of a bond (Section
I) then Section II shall be counted and in no case shall the bond
issue recommended by the school board be authorized with less
than a majority of the total ballots validated for count; the lack of
which majority will constitute a positive bond issue authorization
by the standard formula of the State Board of Education."
Approved March 11, 1971.
12
CHAPTER 9
FORMERLY HOUSE BILL NO. 84
WITH HOUSE AMENDMENT NO. 1
AN ACT AMENDING CHAPTER 1, TITLE 22 OF THE
DELAWARE CODE PROVIDING A LIMIT ON THE
ISSUANCE OF BONDS AND NOTES FOR CITIES HAVING
POPULATIONS IN EXCESS OF 50,000.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 1, Title 22 of the Delaware Code, is
amended by adding a new section thereto numbered Section 106
to read as follows:
§ 106. Debt limit of cities with population in excess of 50,000
(a) All cities in the State of Delaware having a population in
excess of 50,000 as enumerated in the most recent Federal census
which have the power to borrow money and issue negotiable
bonds and notes to evidence such borrowing are hereby authorized
to issue such bonds, and notes in anticipation of the issuance of
such bonds, in an amount not in excess of sixteen percent of the
assessed valuation of real estate taxable by such city. In computing
the aggregate principal amount of such bonds and notes of such
city, there shall be excluded (1) all bonds and notes issued by such
city for the purpose of providing a supply of water for such city;
and (2) all bonds and notes issued by such city for sewer purposes
as a part of the sewer system of such city for which such city
collects rates, rents or fees; and (3) any bonds and notes issued by
such city for school purposes but not in excess of three per
centum of the assessed valuation of the real estate taxable by such
city; however, any such city may issue school bonds and notes
within its debt limitation in excess of the three per centum which
is excluded from the aggregate principal amount which may be
issued; and (4) all bonds and notes issued by such city for any
other purpose for which an exclusion is authorized by law
including but not limited to exclusions for bonds and notes issued
for Parking Authority purposes and Urban Renewal purposes; (5)
any guaranty or other obligation incurred pursuant to any law and
Chapter 9 13
which said law provides shall be excluded from the computation
of any debt limitations of such city; and (6) bonds issued to fund
outstanding notes not otherwise excluded, until such notes are
retired.
(b) Bonds may be issued within the limits prescribed herein
notwithstanding any debt or other limitation prescribed by any
other law provided however that such bonds, or notes issued in
anticipation of the issuance of such bonds, must be approved and
authorized by the governing body of such city in the same manner
as all other obligations of such city are authorized.
Section 2. This Act shall replace the debt limit for such cities
provided in any other law, special or general.
Section 3. This Act shall take effect immediately.
Approved March 11, 1971.
14
CHAPTER 10
FORMERLY SENATE BILL NO. 38
AN ACT TO AMEND CHAPTER 43, TITLE 29 OF THE
DELAWARE CODE REGARDING THE APPOINTMENT OF
NOTARIES PUBLIC FOR CERTAIN SERVICE
ORGANIZATIONS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Paragraph (a) of Section 4304, Title 29
of the Delaware Code by adding thereto the words "Paralyzed
Veterans of America" immediately following the comma (,)
following the phrase "and of the American Legion," as it appears
on line 4 of the said paragraph (a), Section 4304, Title 29 of the
Delaware Code.
Approved March 15, 1971.
CHAPTER 11
FORMERLY SENATE BILL NO. 8
AN ACT TO AMEND SECTION 4974, TITLE 10, DELAWARE
CODE RELATING TO PLACE FOR PUBLIC SALE OF
REAL ESTATE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 4974, Chapter 49, Title 10, Delaware
Code, is hereby amended by striking all of §4974 and inserting in
lieu thereof a new § 4974 to read as follows:
§4974. Place for public sale of real estate
All sales of real estate, made by a sheriff by virtue of
execution process, shall be made on the premises to be sold or at
the Court House for the county in which the premises are situated.
Approved March 18, 1971.
15
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CHAPTER 12
FORMERLY SENATE BILL NO. 34
AN ACT MAKING A SUPPLEMENTARY APPROPRIATION IN
THE AMOUNT OF $60,000 TO DELAWARE STATE
COLLEGE FOR SALARIES.
WHEREAS, the salaries of employees in the classified service
were increased by the 125th General Assembly (Senate Bill No.
455); and
WHEREAS, adjustments in the pay scales of Delaware State
College employees comparable to employees in the classified
service in grades 1 through 18 are essential to the retention and
recruitment of such Delaware State College employees; and
WHEREAS, the monies appropriated to the Delaware State
College for employees' salaries for the fiscal year ending June 30,
1971, in the line items designated "Salaries," did not include the
funds necessary for such salary increases.
NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The sum of $60,000 is hereby appropriated to
the Delaware State College as an additional sum for the line items
designated "Salaries" for the fiscal year ending June 30, 1971.
Section 2. This Act is a supplementary appropriation and
the money appropriated shall be paid by the State Treasurer out
of funds in the General Fund of the State of Delaware, not
otherwise appropriated.
Approved March 18, 1971.
CHAPTER 13
FORMERLY SENATE BILL NO. 137
AN ACT AUTHORIZING THE SECRETARY OF THE
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL TO ADMINISTER AND
DISTRIBUTE $647,422.00 IN THE FORM OF GRANTS TO
THE TOWN OF SELBYVILLE FROM FUNDS
AUTHORIZED UNDER CHAPTER 736, VOLUME 57,
LAWS OF DELAWARE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The Secretary of the Department of Natural
Resources and Environmental Control is hereby authorized and
empowered to administer and distribute $647,422.00 to the Town
of Selbyville in the form of grants from funds heretofore
authorized under the provisions of Chapter 736, Volume 57, Laws
of Delaware; provided, however, that the following provisions have
been met:
That the Secretary shall develop procedures for the
administration and distribution of said grant;
That the Selbyville project receive no less than 25% of
the total cost, eligibility for which has been determined by the
Secretary and the Federal Water Pollution Control Administration
pursuant to Public Law No. 660, however, in no case shall the
grant of state funds exceed 33 1/3% of the total cost of the water
pollution control facilities;
That the acquisition of real property shall not be an
eligible project cost;
That in computing costs for said project, no deduction
shall be made for any Federal grants made for such project;
That the Selbyville project has met an abatement plan
approved by the Secretary.
17
18 Chapter 13
Section 2. "Water pollution control facilities" as used
hereinabove shall mean engineering services rendered in the design
and construction of the project, waste water treatment plants,
intercepting sewers (collection system excluding house
connections), repair of streets damaged in the construction
process, or any other necessary appurtenances required for proper
operation of the system.
Approved March 30, 1971.
Chapter 14 19
CHAPTER 14
FORMERLY HOUSE BILL NO. 48
AS AMENDED BY
HOUSE AMENDMENTS NO. 1, 5, 6, AND 8
AN ACT TO AMEND TITLE 22, DELAWARE CODE,
ENTITLED "MUNICIPALITIES" BY ADDING THERETO A
NEW CHAPTER 9 AUTHORIZING CITIES 'WITH A
POPULATION IN EXCESS OF 50,000 PERSONS TO
ENACT A TAX ON INCOME OF ITS RESIDENTS; AND A
TAX ON THE INCOME OF NONRESIDENTS ENGAGED
IN ANY OCCUPATION, BUSINESS OR PROFESSION
WITHIN THE CITY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 22, Delaware Code, is amended by the
addition thereto of a new Chapter 9 to read as follows:
CHAPTER 9. MUNICIPAL USER TAX
Authority to levy, assess and collect tax
Any municipality of this State with a population in excess of
50,000 persons is hereby authorized to levy, assess and collect a
tax for general revenue purposes on earned income of its residents
and on any income earned within the city by persons not residing
within such city but engaged or employed in any business,
profession or occupation within such city.
Limitations
Any tax assessed within the provisions of this tax shall not
exceed 1.5 percent of the income of residents of such city per
annum; and 1.5 percent of the income of nonresidents earned
within the city per annum.
Income; definition
'Income' means the total income from whatever source
earned by any resident of such city; and the total income earned
20
within such city by any nonresident of the city.
Regulations
Each such municipality is authorized to promulgate and
enforce such regulations as it deems necessary for the assessment,
collection and enforcement of such tax.
Severability
The provisions of this Act are severable and should any
portion of this Act be declared to be invalid for any reason, the
remaining portions shall continue to be valid and enforceable.
Suit in Superior Court
Any such municipality which adopts the provisions of this
Act is in addition to all other means of enforcement mailable
authorized to bring suit in the Superior Court of the county in
which such city is located.
Collection and enforcement
Taxes due under any Municipal User Tax adopted prior to the
passage of this Act shall continue to be collected and enforced and
shall not be abated.
Effective period
This Act shall be effective until June 30, 1973, and shall not
be effective for any time thereafter except for the collection and
enforcement of any taxes due for the aforementioned effective
time.
Termination
The authority granted under Section 901 of this chapter shall
be terminated as to any municipality which shall decrease its real
estate tax rate after the passage of this Act or during the effective
time of this Act.
Approved March 30, 1971.
CHAPTER 15
FORMERLY SENATE BILL NO. 106
AN ACT TO AMEND SUBCHAPTER III, CHAPTER 10, TITLE
14 OF THE DELAWARE CODE RELATING TO THE
SCHOOL BOARD FOR THE REORGANIZED SCHOOL
DISTRICT WHICH INCLUDES THE FORMER SCHOOL
DISTRICT OF ALEXIS I. DU PONT SPECIAL SCHOOL
DISTRICT.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend paragraph (b) of Section 1062,
Subchapter III, Chapter 10, Title 14 of the Delaware Code, by
striking in its entirety the phrase "and no member shall fail to
state his political affiliation."
Approved April 1, 1971.
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CHAPTER 16
FORMERLY HOUSE BILL NO. 85
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO
THE SECRETARY OF STATE FOR AUTOMATION OF
THE FRANCHISE TAX DEPARTMENT AND THE
CORPORATION DEPARTMENT.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. In addition to any other sums previously
appropriated, there is hereby appropriated to the Secretary of
State for the fiscal year ending on June 30, 1971, the sum of
$65,000 for the purpose of automation of the franchise tax
operation by the State Central Data Processing Division.
Section 2. This Act is a supplementary appropriation act
and the funds hereby appropriated shall be paid from the General
Fund of the State Treasury from monies not otherwise
appropriated.
Section 3. The funds so appropirated shall be used only for
the purposes herein specified, and any funds appropriated but
unexpended by June 30, 1972 shall thereupon revert to the
General Fund of the State Treasury.
Approved April 5, 1971.
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CHAPTER 17
FORMERLY SENATE BILL NO. 108
AN ACT TO AMEND SECTION 9402, TITLE 9, DELAWARE
CODE, RELATING TO THE SALARY OF THE CLERK OF
THE PEACE IN AND FOR NEW CASTLE COUNTY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 9402 (1), Title 9, Delaware Code, is
hereby amended by striking the figure "$9,000", as the same
appears therein and inserting in lieu thereof the figure "$12,000".
Approved April 6, 1971.
1!
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CHAPTER 18
FORMERLY HOUSE BILL NO. 91
AN ACT MAKING SUPPLEMENTARY APPROPRIATIONS TO
THE DEPARTMENT OF JUSTICE FOR THE PURPOSE OF
PROVIDING ADDITIONAL SALARIES, CONTRACTUAL
SERVICES, SUPPLIES AND MATERIALS AND CAPITAL
OUTLAY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The sum of $16,500 is hereby appropriated to
the Department of Justice for the fiscal year ending June 30,
Section 2. This Act shall be considered a supplementary
appropriation and the monies appropriated shall be paid from the
General Fund of the State Treasury from monies not otherwise
appropriated.
Section 3. If any of the funds in the above categories
remain unexpended upon June 30, 1971, such funds shall
thereupon revert to the General Fund of the State Treasury.
Approved April 6, 1971.
1971, in the following categories and amounts:
Salaries and wages $12,600
Contractual services 2,300
Supplies and materials 600
Capital outlay 1,000
$16,500
CHAPTER 19
FORMERLY HOUSE BILL NO. 32
AN ACT TO AMEND TITLE 14 OF DELAWARE CODE,
CHANGING THE NAME OF THE "DELAWARE INSTI-TUTE
OF TECHNOLOGY" TO "DELAWARE TECHNICAL
AND COMMUNITY COLLEGE".
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 91, Title 14, Delaware Code, is amended
by striking out the words "Delaware Institute of Technology"
where they appear therein and inserting in lieu thereof the words
"Delaware Technical and Community College".
Section 2. Chapter 91, Title 14, Delaware Code, is amended
by striking out the words "The Institute" where they appear
therein and inserting in lieu thereof the words "The College".
Approved April 8, 1971.
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CHAPTER 20
FORMERLY HOUSE BILL NO. 136
AN ACT TO AMEND TITLE 10, SECTION 145, DELAWARE
CODE, TO REDUCE THE APPEAL TIME TO THE SU-PREME
COURT FROM A FINAL JUDGMENT OF THE
COURT OF CHANCERY FROM 60 DAYS TO 30 DAYS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 145, Title 10, Delaware Code, is
amended by striking said section in its entirety and inserting in
lieu thereof a new Section 145 to read as follows:
§145. Time for appeal from final judgment of the Court of
Chancery
No appeal from a final judgment or decree of the Court of
Chancery shall be received or entertained in the Supreme.,Court
unless the praecipe or notice of appeal is duly filed in the office of
the Clerk thereof within 30 days after the date of the judgment or
decree.
This section shall not affect the time for cross-appeals
provided in Section 149.
Section 2. This Act shall not affect the time for appeal from
final judgments entered prior to the effective date of this Act.
Such judgments shall be subject to the 60-day limitation in effect
prior to such date.
Section 3. This Act shall become effective 60 days after the
date this Act is enacted into law.
Approved April 9, 1971.
CHAPTER 21
FORMERLY HOUSE BILL Na. 134
AN ACT TO AMEND TITLE 10, SECTION 148, DELAWARE
CODE, TO REDUCE THE APPEAL TIME TO THE SU-PREME
COURT FROM A FINAL JUDGMENT OF THE
SUPERIOR COURT IN CIVIL ACTIONS FROM 60 DAYS
10 30 DAYS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 148, Title 10, Delaware Code, is amend-ed
by striking said section in its entirety and inserting in lieu
thereof a new Section 148 to read as follows:
§148. Time for appeal from final judgment of the Superior Court
in civil actions
No appeal from a final judgment of the Superior Court in a
civil action shall be received or entertained in the Supreme Court
unless the praecipe or notice of appeal is duly filed in the office of
the Clerk therepf within 30 days after the date of the judgment or
decree.
This section shall not affect the time for cross-appeals
provided in Section 149.
Section 2. This Act shall not affect the time for appeal from
final judgments entered prior to the effective date of this Act.
Such judgments shall be subject to the 60-day limitation in effect
prior to such date.
Section 3. This Act shall become effective 60 days after the
date this Act is enacted into law.
Approved April 9, 1971.
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CHAPTER 22
FORMERLY HOUSE BILL NO. 135
AN ACT TO AMEND TITLE 10, SECTION 147, DELAWARE
CODE, TO REDUCE THE APPEAL TIME TO THE SU-PREME
COURT FROM THE SUPERIOR COURT IN CRIMI-NAL
ACTIONS FROM 60 DAYS TO 30 DAYS.
Be it enacted by the General Assembly of the State of
Delaware:
Section I. Section 147, Title 10, Delaware Code, is amend-ed
by striking said section in its entirety and inserting in lieu
thereof a new Section 147 to read as follows:
§147. Time for appeal from Superior Court in criminal actions
No appeal from the Superior Court in a criminal action shall
be received or entertained in the Supreme Court unless the
praecipe or notice of appeal is duly filed in the office of the Clerk
thereof within 30 days after the date of the judgment or decree.
Section 2. This Act shall not affect the time for appeal from
final judgments entered prior to the effective date of this Act.
Such judgments shall be subject to the 60-day limitation in effect
prior to such date.
Section 3. This Act shall become effective 60 days after the
date this Act is enacted into law.
Approved April 9, 1971.
Chapter 23 29
CHAPTER 23
FORMERLY SENATE BILL NO. 97
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE
RELATING TO THE BASIC PROPERTY PROTECTION
PLAN BY DELETING SUBSECTION (d) (i) OF SECTION
4103 AND BY AMENDING SECTION 4106.
WHEREAS, the Federal Legislation authorizing Delaware's
FAIR PLAN providing for making property insurance available to
qualified property otherwise difficult to insure provides for
inclusion of property used for farming and manufacturing pur-poses;
and
WHEREAS, Delaware's FAIR PLAN, Title 18, Delaware
Code, Chapter 41, discriminates against farming and manufactur-ing
property by eliminating them from coverage in Title 18,
Delaware Code, Section 4103 (d) (i); and
WHEREAS, the owners of such farming or manufacturing
property are having great difficulties getting property insurance
protection due to changing social conditions; and
WHEREAS, the Delaware Insurance Commissioner has made
a determination that due to such changing social conditions it
would be fair and equitable to such persons and in the best
interest of the State of Delaware to amend Chapter 41 to provide
FAIR PLAN coverage for otherwise qualified farming and/or
manufacturing property.
NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section I. Amend Title 18 of the Delaware Code, by
deleting section (i) of paragraph (d) of Section 4103 and by
renumbering section (ii) as (i), section (iii) as (ii) and section (iv)
as (iii).
IIIIMPLIFIIMAIMPRousonimmummumonimam.
30 Chapter 23
Section 2. Amend Title 18 of the Delaware Code, by adding
a period at the end of the fifth line of Section 4106 after the word
'distribution' and by deleting from said Section 4106 the words
'but shall not include farm or manufacturing properties.'
Approved April 9, 1971.
A
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CHAPTER 24
FORMERLY SENATE BILL NO. 89
AN ACT TO AMEND AN ACT BEING CHAPTER 170, VOLUME
57, LAWS OF DELAWARE, ENTITLED "AN ACT TO
REINCORPORATE THE CITY OF LEWES" TO INCREASE
THE MAXIMUM AMOUNT WHICH MAY BE CONTRIB-UTED
TO THE VOLUNTEER FIRE COMPANY.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all Members elected to each House thereof
concurring therein):
Section 1. Subsection (28), Section 29, Chapter 170,
Volume 57, Laws of Delaware, be and the same is hereby amended
by striking out the words and figures "three per centum (3%)" as
the same appear in said Subsection (28) and substituting in lieu
thereof the words and figures "twelve per centum (12%)."
Approved April 9, 1971.
32
CHAPTER 25
FORMERLY HOUSE BILL NO. 41
AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE,
RELATING TO THE IMPORTATION OF ALCOHOLIC
LIQUORS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Section 501, Title 4 of the Delaware
Code, to read as follows:
6501. Necessity of license; exception
Any person proposing to manufacture in or to import
alcoholic liquor into the State of Delaware shall obtain from the
Commission a license authorizing such manufacture or importa-tion.
The provisions of this Section shall not apply to those persons
permitted by the laws of this State to purchase or consume
alcoholic liquor; and any such person may import the quantity of
one quart of alcoholic liquor or less per day into this state for his
own consumption without the payment of any tax thereon, and
without being subject to any restriction imposed by the Commis-sion.
If such importation is by motor vehicle, the alcoholic liquor
shall be transported in an area of the motor vehicle not
immediately accessible to the driver or any passenger therein.
Approved April 11, 1971.
CHAPTER 26
FORMERLY HOUSE BILL NO. 107
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 51, TITLE 9, DELAWARE
CODE, RELATING TO STREET AND HIGHWAY LIGHT-ING
IN UNINCORPORATED COMMUNITIES AND VIL-LAGES
IN KENT COUNTY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 5101, Title 9, Delaware Code, is amend-ed
by inserting the word "real" before the word "property" as the
same appears in the first line of said Section 5101.
Section 2. Section 5101, Title 9, Delaware Code, is amend-ed
by adding after the second sentence thereof a new sentence to
read as follows:
The petition shall state whether the light tax levied pursuant
to Section 5102 of this chapter shall be prorated among the
owners of the property subject to said tax or based upon the
assessment for county purposes.
Section 3. Section 5102 (a), Title 9, Delaware Code, is
amended by striking said subsection (a) in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) The Levy Court, for the purposes of carrying out any
contract entered into pursuant to Section 5101 of this title, shall
levy for the installation and maintenance of such lights in any such
community with respect to which such a contract has been
entered into, an annual tax based upon the full annual cost of
street and highway illumination upon all real property with a
dwelling situated thereon within the boundary lines of the
community or village as set forth in the petition provided for by
Section 5101 of this title, which tax according to the instructions
set forth in the petition filed pursuant to Section 5101 of this
33
34 Chapter 26
chapter shall be prorated among the owners of such property or
based upon the assessment for county purposes. No such taxes
shall be levied against farm land.
Approved April 11, 1971.
CHAPTER 27
FORMERLY SENATE BILL NO. 140
AN ACT TO AMEND CHAPTER 51, TITLE 29, DELAWARE
CODE, BY INCLUDING UNDER HEALTH CARE INSUR-ANCE
COVERAGE INDIVIDUALS RECEIVING RETIRE-MENT
OR DISABILITY BENEFITS UNDER CHAPTER 39,
TITLE 14, DELAWARE CODE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend §5120 (a) (2) of Title 29, Delaware
Code, by changing the period at the end thereof to a semi-colon
and by adding thereto the following language:
"or one who is receiving retirement or disability benefits
under the teachers' retirement and disability plan (Chapter 39,
Title 14)."
Section 2. The effective date of this Act shall be July 1,
1971.
Approved April 11, 1971.
35
36
CHAPTER 28
FORMERLY SENATE BILL NO. 88
AN ACT TO AMEND AN ACT BEING CHAPTER 42, VOLUME
53, LAWS OF DELAWARE, AS AMENDED, ENTITLED
"AN ACT AMENDING, REVISING AND CONSOLIDATING
THE CHARTER OF THE CITY OF SEAFORD" TO PER-MIT
VACANCIES IN THE OFFICE OF MAYOR OR
COUNCILMAN TO BE FILLED FOR THE REMAINDER
OF THE UNEXPIRED TERM.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all members elected to each House thereof
concurring therein):
Section 1. Section 12, Chapter 42, Volume 53, Laws of
Delaware, as amended, be and the same is hereby further amended
by striking out all of said Section 12 and substituting in lieu
thereof the following:
Section 12. If any vacancy shall occur in the office of
Mayor or Councilman, by death, resignation, loss of residence in
the City of Seaford, refusal to serve, failure to elect or otherwise,
the same may be filled by a majority vote of the members of the
City Council, the person or persons so chosen to fill such vacancy
or vacancies shall be qualified as in the case of newly elected
members and shall hold office for the balance of the unexpired
term to which he is appointed or until his successor is duly elected
and qualified.
Approved April 11, 1971.
CHAPTER 29
FORMERLY HOUSE BILL NO. 115
AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIATION
TO THE DEPARTMENT OF HEALTH AND SOCIAL SERV-ICES.
WHEREAS, Volume 57, Chapter 569, Laws of Delaware,
referred to as the "Budget Act", appropriated funds to the
Department of Public Welfare for the payment of Medical Aid
Program Drugs and Title 19 Federal Program Other than State
Institution; and
WHEREAS, funds appropriated are insufficient to meet Fiscal
1971 requirements;
NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The sum of $664,400 is appropriated to the
Department of Health and Social Services for Public Welfare. The
sum to be allocated as follows:
Public Welfare Section:
37
Section 2. Funds appropriated herein shall be paid by the
State Treasurer from General Fund monies not otherwise appro-priated.
Section 3. This is a supplementary appropriation, and funds
appropriated herein, which remain unexpended on June 30, 1971,
shall revert to the General Fund.
Approved April 11, .1971.
Medical Aid Program Drugs $110,400
Title 19 Federal Program Other than
State Institutions 554,000
$664,400
38
CHAPTER 30
FORMERLY SENATE BILL NO. 146
AN ACT TO AMEND TITLE 31, CHAPTER 52, DELAWARE
CODE, RELATING TO INTERSTATE COMPACT ON JU-VENILES
PROVIDING AMENDMENTS RELATING TO
OUT-OF-STATE CONFINEMENT, RENDITION AND EM-POWERING
DESIGNATION OF ADMINISTRATOR.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Title 31, Chapter 52, Delaware Code, by
adding to the end of §5203 the following:
"AMENDMENT I. OUT-OF-STATE CONFINEMENT
Whenever the duly constituted judicial or administrative
authorities in a sending state shall determine that confinement of a
probationer or reconfinement of a parolee is necessary or
desirable, said officials may direct that the confinement or
reconfinement be in an appropriate institution for delinquent
juveniles within the territory of the receiving state, such receiving
state to act in that regard solely as agent for the sending state.
Escapees and absconders who would otherwise be
returned pursuant to Article V of the Compact may be confined
or reconfined in the receiving state pursuant to this Amendment.
In any such case the information and allegations required to be
made and furnished in a requisition pursuant to such Article shall
be made and furnished, but in place of the demand pursuant to
Article V, the sending state shall request confinement or recon-finement
in the receiving state. Whenever applicable, detention
orders as provided in Article V may be employed pursuant to this
paragraph preliminary to disposition of the escapee or absconder.
The confinement or reconfinement of a parolee, proba-tioner,
escapee, or absconder pursuant to this amendment shall
require the concurrence of the appropriate judicial or administra-tive
authorities of the receiving state.
(d) As used in this amendment: (1) "sending state" means
Chapter 30 39
sending state as that term is used in Article VII of the Compact or
the state from which a delinquent juvenile has escaped or
absconded within the meaning of Article V of the Compact; (2)
"receiving state" means any state, other than the sending state, in
which a parolee, probationer, escapee or absconder may be found,
provided that said state is a party to this amendment.
Every state which adopts this amendment shall designate
at least one of its institutions for delinquent juveniles as a
"Compact Institution" and shall confine persons therein as
provided in Paragraph (a) hereof unless the sending and receiving
state in question shall make specific contractual arrangements to
the contrary. All states party to this amendment shall have access
to "Compact Institutions" at all reasonable hours for the purpose
of inspecting the facilities thereof and for the purpose of visiting
such of said state's delinquents as may be confined in the
institution.
Persons confined in "Compact Institutions" pursuant to
the terms of this compact shall at all times be subject to the
jurisdiction of the sending state and may at any time be removed
from said "Compact Institution" for transfer to an appropriate
institution within the sending state, for return to probation or
parole, for discharge, or for any purpose permitted by the laws of
the sending state.
All persons who may be confined in a "Compact
Institution" pursuant to the provisions of this amendment shall be
treated in a reasonable and humane manner. The fact of
confinement or reconfinement in a receiving state shall not deprive
any person so confined or reconfined of any rights which said
person would have had if confined or reconfined in an appropriate
institution of the sending state; nor shall any agreement to submit
to confinement or reconfinement pursuant to the terms of this
amendment be construed as a waiver of any rights which the
delinquent would have had if he had been confined or reconfined
in any appropriate institution of the sending state except that the
hearing or hearings, if any, to which a parolee, probationer,
escapee, or absconder may be entitled (prior to confinement or
reconfinement) by the laws of the sending state may be had before
the appropriate judicial or administrative officers of the receiving
state. In this event, said judicial and administrative officers shall
40 Chapter 30
act as agents of the sending state after consultation with
appropriate officers of the sending state.
Any receiving state incurring costs or other expenses
under this amendment shall be reimbursed in the amount of such
costs or other expenses by the sending state unless the states
concerned shall specifically otherwise agree. Any two or more
states party to this amendment may enter into supplementary
agreements determining a different allocation of costs as among
themselves.
This amendment shall take initial effect when entered
into by any two or more states party to the compact and shall be
effective as to those states which have specifically enacted this
amendment. Rules and regulations necessary to effectuate the
terms of this amendment may be promulgated by the appropriate
officers of those states which have enacted this amendment.
AMENDMENT 2. RENDITION
This amendment shall provide additional remedies, and
shall be binding only as among and between those party states
which specifically execute the same.
All provisions and procedures of Articles V and VI of
the Interstate Compact on Juveniles shall be construed to apply to
any juvenile charged with being a delinquent by reason of a
violation of any criminal law. Any juvenile, charged with being a
delinquent by reason of violating any criminal law, shall be
returned to the requesting state upon a requisition to the state
where the juvenile may be found. A Petition in such case shall be
filed in a court of competent jurisdiction in the requesting state
where the violation of criminal law is alleged to have been
committed. The petition may be filed regardless of whether the
juvenile has left the state before or after the filing of the petition.
The requisition described in Article V of the compact shall be
forwarded by the judge of the court in which the petition has been
filed."
Section 2. Amend Title 31, Chapter 52, Delaware Code, by
deleting the first sentence of §5221 and inserting in lieu thereof
the following:
Chapter 30 41
"Pursuant to the Interstate Compact on Juveniles, the
Governor is hereby authorized and empowered to designate the
Secretary of the Department of Health and Social Services to be
the compact administrator or to authorize the Secretary to
designate an employee of the Department to be the compact
administrator and who, acting jointly with like officers of other
party states, shall promulgate rules and regulations to carry out
more effectively the terms of the compact."
Approved April 11, 1971.
42
CHAPTER 31
FORMERLY HOUSE BILL NO. 103
AN ACT TO AMEND AN ACT ENTITLED: "AN ACT TO
RE-INCORPORATE THE TOWN OF CLAYTON" BY
EXTENDING THE LIMITS OF SAID TOWN.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all Members elected to each House thereof
concurring therein):
Section 1. The Charter of the Town of Clayton (Chapter
131, Volume 33, Laws of Delaware) is hereby amended by the
addition of the following paragraph to the end of Section 1:
"In addition to the present limits of the Town of Clayton, the
Town shall be extended to include all that certain tract, piece or
parcel of land situated partly in Duck Creek Hundred and partly in
Kenton Hundred, Kent County and State of Delaware, lying
adjacent to the northeasterly corner of the corporate limits of the
Town of Clayton and being more particularly described as follows,
to-wit:
"BEGINNING at a point at a corner for this tract and the
Town of Smyrna located in the northerly right-of-way line of
Duck Creek Road (County Road No. 134), thence with said
right-of-way line South 41 degrees, 30 minutes West 478.6 feet to
a point in the easterly right-of-way line of a 30 foot wide road
leading northerly to the Clayton disposal plant and landfill; thence
with said easterly right-of-way line of said 30 foot wide road
North 22 degrees, 30 minutes West 736.5 feet; thence with line of
lands of the Town of Clayton North 74 degrees, 30 minutes East
567 feet to a point common to this tract and the Town of
Smyrna; thence with line of the corporate limits of the town of
Smyrna North 37 degrees, 42 minutes West 92 feet; thence
continuing with said line of corporate limits of Town of Smyrna
North 30 degrees, 27 minutes West 400 feet to the center line of
Providence Branch which flows to Duck Creek, said Branch being
the division line between Kent County and New Castle County:
thence with said center line of said Branch its many courses and
distances northwesterly 1700 feet, more or less, to a point in the
easterly right-of-way line of the Penn Central Railroad; thence
with the easterly right-of-way line of Penn Central Railroad south
16 degrees East 1752 feet to a point set in said right-of-way line;
thence crossing said right-of-way South 45 degrees 3 minutes West
728.06 feet to a point in the westerly right-of-way line of Green
Spring Road (County Road No. 38); thence with said right-of-way
line South 17 degrees East 481.62 feet to a point in the southerly
right-of-way line of Duck Creek Road (now abandoned); thence
with the southerly right-of-way line of Old Duck Creek Road (now
abandoned) North 50 degrees 27 minutes East 225.5 feet; thence
continuing with said right-of-way line of said road North 44
degrees 38 minutes East 478.71 feet to the centered line of the
Penn Central Railroad; thence with the existing line of the
corporate limits of the Town of Clayton North 72 degrees 6
minutes East 1597.8 feet to a corner; thence continuing with the
existing line of the corporate limits of the Town of Clayton South
17 degrees 54 minutes East 538.4 feet to a point for this tract in
line of the corporate limits of the Town of Smyrna; thence with
line of the corporate limits of the Town of Smyrna North 46
degrees 13 minutes East 530 feet to a corner; thence continuing
with line of the corporate limits of the Town of Smyrna North 42
degrees 6 minutes 14 seconds West 1184.39 feet to the point and
place of beginning and containing 68.86 acres of land, be the same
more or less.
EXCEPTING THEREFROM, HOWEVER, that portion of
said land described in deed of Rebecca Dunn, single woman, to the
Town of Clayton dated April 17, 1943 and of record in the Office
of the Recorder of Deeds in and for Kent County, at Dover, in
Deed Record E, Volume 16, page 454, said lands having
heretofore been annexed into the corporate limits of the Town of
Clayton on August 15, 1955 (Chapter 519, Volume 50, Laws of
the State of Delaware)."
Approved April 11, 1971.
Chapter 31 43
44
CHAPTER 32
FORMERLY SENATE BILL NO. 90
AN ACT TO AMEND CHAPTER 5, TITLE 7 OF THE DELA-WARE
CODE, TO EXEMPT MINORS WITH MILITARY
TRAINING FROM THE REQUIREMENTS OF THE MAN-DATORY
SIX HOURS REQUIRED INSTRUCTION IN
ORDER TO OBTAIN A HUNTING LICENSE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Section 501, Chapter 5, Title 7 of the
Delaware Code, by striking the phrase "and every resident of this
State under the age of nineteen years shall have satisfactorily
completed six hours of instruction in safety" and substituting in
lieu thereof the following:
"and every resident of this State under the age of nineteen
years, except those who have completed their basic military
training in the use of firearms, shall have satisfactorily completed
six hours of instruction in safety."
Approved April 1 1, 1971.
CHAPTER 33
FORMERLY HOUSE BILL NO. 65
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 6, TITLE 14, OF THE
DELAWARE CODE AUTHORIZING THE PAYMENT OF
TUITION FOR INMATES OF CHILDREN'S HOMES OR
INSTITUTIONS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 6, Title 14, is hereby amended by adding
the following new Section:
§606. Inmates of Children's Homes or Institutions
The Board of Education of any school district in which
there is located any orphans' home, home for the friendless,
children's home, other institutions for the care of orphans or other
children, or any institution to which children are assigned by any
court for any reason, may at the discretion of such Board of
Education permit any children who are inmates of such homes or
institutions but not legal residents in such district to attend the
public schools in said district; and the district of residence shall be
liable for the tuition of such pupils.
If a charge is made by any school district for tuition for
the inmates of any homes or institutions who are in attendance in
such district's schools, the officers of the homes or institutions
shall submit to the Board of Education a sworn statement setting
forth the names, ages and school district liable for tuition of all
children who desire to attend public schools in the district, and
who are inmates thereof as of September 30 of each year, together
with a blank acknowledging or disclaiming residence signed by the
secretary of the school district in which the home or institution
declares the legal residence of the children to be. If the sending
district does not return the said blank with an acknowledgment or
disclaimer within -thirty days from the time it was mailed, the
Superintendent of the Department of Public Instruction shall
withhold from Division III entitlement the tuition for such
inmates from the district of residence upon receipt of a sworn
45
46 Chapter 33
statement setting forth the names, ages, tuition charges and
district of legal residence, such sworn statement to be furnished by
the receiving district."
Section 2. This Act shall become effective on July 1, 1971.
Approved April 11, 1971.
CHAPTER 34
FORMERLY SENATE BILL NO. 49
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO REINCORPORATE THE TOWN OF BLADES.
WHEREAS, it is deemed desirable that the Charter of the
Town of Blades, being Chapter 155, Volume 28, Laws of
Delaware, as amended, entitled "An Act to Incorporate the Town
of Blades", be consolidated into one complete Act and in certain
respects supplemented, amended and revised.
NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware ( two-thirds of all Members elected to each House thereof
concurring therein):
INCORPORATION
Section 1. The inhabitants of The Town of Blades within
the corporate limits as hereinafter defined in this Charter or as
extended as hereinafter provided are hereby declared to be a body
politic and corporate in law and equity and shall be able and
capable to sue and be sued, plead and be impleaded, answer and be
answered, defend and be defended in all courts of judicature
whatsoever by the corporate name of "The Town of Blades".
TERRITORY AND LIMITS
Section 2. The present boundaries and limits of The Town
of Blades are hereby established and declared to be, as follows:
Beginning at a point on the southern side of the Nanticoke River
at the property line of the Delaware Division of Pennsylvania
Railroad; thence running by and with said River to the eastern line
of the property known as the Jacob Morgan property; thence
south with the said Jacob Morgan property to a white oak
standing in the field at a corner known as the Hall and Tull's line;
thence from said white oak in a southwestern direction to the
boundary of the Mechanic's Cemetery; from thence in a straight
line to the Delaware Division of the Pennsylvania Railroad; thence
in a northern direction by and with said railroad to the place of
47
48 Chapter 34
beginning. The Town Council of the Town of Blades may at any
time after enactment of this Act cause a survey and a plot to be
made of the Town by a Registered Land Surveyor as its limits are
established by this Act and the said plot when so made and
approved by a Resolution of the Town Council shall be recorded
in the Office of the Recorder of Deeds, in and for Sussex County,
without any other approval whatsoever, and shall be evidence in
all courts of law and equity, said plot being of record in the Office
of the Recorder of Deeds, in and for Sussex County, in Deed Book
at page
ANNEXATION OF TERRITORY
Section 3. In the event that it becomes feasible or necessary
in the future for The Town of Blades to enlarge its then existing
limits and territory, such annexation accomplished in accordance
with the following procedures shall be lawful:
If five (5) or more property owners resident in a
territory contiguous to the then limits and territory of The Town
of Blades, by written petition with the signature of each such
petitioner duly acknowledged, shall request the Town Council to
annex that certain territory in which they reside and own
property, the Mayor of The Town of Blades shall appoint a
committee composed of not less than three (3) of the elected
members of the Town Council to investigate the possibility of
annexation. The petition presented to the Town Council shall
include a description of the territory requested to be annexed and
the reasons for the requested annexation; or, the Town Council,
by a majority vote of the elected members thereof, may, by
resolution, propose that a committee, composed of not less than
three (3) of the elected members of said Town Council, be
appointed by the Mayor to investigate the possibility of annexing
any certain territory contiguous to the then limits and territory of
The Town of Blades.
Not later than ninety (90) days following its appoint-ment
by the Mayor, as aforesaid, the committee shall submit a
written report containing its findings and conclusions to the
Mayor and Town Council. The report so submitted shall include
the advantages and disadvantages of the proposed annexation both
to the Town and to the territory proposed to be annexed and shall
contain the committee's recommendations whether or not to
Chapter 34 49
proceed with the proposed annexation and the reasons therefor. In
the event that the committee appointed by the Mayor concludes
that the proposed annexation is advantageous both to the Town
and to the territory proposed to be annexed, within thirty (30)
days after receiving the report, a second resolution shall then be
passed by the Town Council proposing to the property owners and
residents of both the Town and the territory proposed to be
annexed that the Town proposes to annex certain territory
contiguous to its then limits and territory. In the event that the
committee appointed by the Mayor concludes that the proposed
annexation is disadvantageous either to the Town or to the
territory proposed to be annexed, within thirty (30) days after
receiving the report of the committee, the resolution proposing to
the property owners and residents of both the Town and the
territory proposed to be annexed shall be passed by the
affirmative vote of two-thirds of the elected members of the Town
Council. If the resolution shall fail to receive the affirmative vote
of two-thirds of the elected members of the Town Council, the
territory proposed to be annexed shall not again be considered for
annexation for a period of one year from the date that the
resolution failed to receive the required affirmative vote. The
second resolution shall contain a description of the territory
proposed to be annexed and shall fix a time and place for a public
hearing on the subject of the proposed annexation. The resolution
adopted by the Town Council setting forth the above information
shall be printed in a newspaper published in The Town of Blades
at least one week prior to the date set for the public hearing, or, if
no newspaper is published in the Town, publication shall be had in
a newspaper having a general circulation both in the Town and in
the territory proposed to be annexed, or, at the discretion of the
Town Council the said resolution shall be posted in five (5) public
places both in the Town and in the territory proposed to be
annexed.
(c) Following the public hearing, but in no event later than
thirty (30) days thereafter, a resolution shall then be passed by a
majority of the Town Council ordering a Special Election to be
held not less than thirty (30) days nor more than sixty (60) days
after the said public hearing on the subject of the proposed
annexation. The passage of this resolution shall ipso facto be
considered the Town Council's determination to proceed with the
matter of the proposed annexation.
50 Chapter 34
The notice of the time and place of holding the said
Special Election shall be printed within thirty (30) days immedi-ately
preceding the date of the Special Election in at least two (2)
issues of a newspaper published in the Town, or, if no newspaper
is published in the Town, the notice may be printed within thirty
(30) days immediately preceding the date of the Special Election
in two (2) issues of a newspaper having a general circulation both
in the Town and in the territory proposed to be annexed, or, in
the discretion of the Town Council, the said notice may be posted
in five (5) public places both in the Town and in the territory
proposed to be annexed, at least fifteen (15) days prior to the date
of the Special Election.
At the Special Election, every property owner, whether
an individual, a partnership, or a corporation, both in the Town
and in the territory proposed to be annexed, shall have one (1)
vote for each One Hundred Dollars ($100.00) of assessment as
shown by the books of the Town in the case of Town property
owners and by the records of the Board of Assessment of Sussex
County in the case of property owners in the territory proposed to
be annexed. Every citizen of either the Town or of the territory
proposed to be annexed who is not a property owner shall have
one (1) vote. In the case of property owned by a husband and wife
jointly, the husband and wife shall each have one (1) vote for each
Two Hundred Dollars ($200.00) of assessment. In the event that a
person is the owner of property in the Town and is also an owner
of property in the territory proposed to be annexed and resides in
either place, he may vote only where he resides. In the event that a
person is the owner of property in the Town and is also an owner
of property in the territory proposed to be annexed but does not
reside in either place, he may vote only in the Town, and not in
the territory proposed to be annexed. Property owners whose
property is exempt from taxation or is not assessed shall not be
entitled to vote. The books and records of The Town of Blades in
the case of Town property owners and the books and records of
the Board of Assessment of Sussex County in the case of property
owners in the territory proposed to be annexed shall be conclusive
evidence of the right of such property owners to vote at the
Special Election. In the event that an individual holds a Power of
Attorney duly executed and acknowledged and specifically au-thorizing
said person to cast the votes of a partnership or
corporation at the said Special Election, a duly authenticated copy
of the Power of Attorney shall be filed in the office of the Town
Chapter 34 51
Clerk. Said Power of Attorney as so filed shall constitute
conclusive evidence of the right of the person so named to cast the
votes of another person or to cast the votes of a partnership or a
corporation at the Special Election.
The Council shall cause to be prepared, printed and have
available a sufficient amount of ballots not less than five (5) days
prior to the date of the Special Election.
The form of the ballot shall be as follows:
[ ] For the proposed annexation.
[ ] Against the proposed annexation.
Please mark your preference.
On the reverse side of the ballot shall be the following:
This ballot casts votes.
The Mayor shall appoint three (3) persons to act as a
Board of Special Election, at least one of whom shall reside and be
the owner of property in the Town, and at least one of whom
must reside and be the owner of property in the territory
proposed to be annexed. One of the said persons so appointed
shall be designated the Presiding Officer. Voting shall be con-ducted
in the Town Hall and the Board of Special Election shall
have available, clearly marked two (2) ballot boxes. All ballots cast
by those persons, partnerships, or corporations authorized to vote
as residents or property owners in the territory proposed to be
annexed shall be deposited one such ballot box, and all ballots cast
by those persons, partnerships or corporations who are authorized
to vote as residents or property owners of the Town shall be
deposited in the other such ballot box. The polling places shall be
opened from 12:00 noon, prevailing time, until 7:00 P.M.,
prevailing time, on the date set for the Special Election.
Immediately upon the closing of the polling place, the
Board of Special Election shall count the ballots for and against
the proposed annexation and shall announce the result thereof;
the Board of Special Election shall make a certificate under their
hands of the number of votes cast for and against the proposed
52 Chapter 34
annexation, and the number of void votes, and shall deliver the
same to the Town Council. The said certificate shall be filed with
the papers of the Council.
(j) In order for the territory proposed to be annexed to be
considered annexed, a majority of the votes cast both from the
Town and from the territory proposed to be annexed must have
been cast in favor of the proposed annexation. In the event that
the Special Election results in an unfavorable vote for annexation,
no part of the territory considered at the Special Election for
annexation shall again be considered for annexation for at least a
period of one (1) year from the date of the Special Election. If a
favorable vote for annexation shall have been cast, the Town
Council of The Town of Blades shall cause a description and a plot
of the territory so annexed to be recorded in the Office of the
Recorder of Deeds for Sussex County, in Georgetown, Delaware,
without approval of any board, agency, commission or governing
body being required. In no event shall such recordation be
completed more than ninety (90) days following the favorable
referendum. The territory considered for annexation shall be
considered to be a part of The Town of Blades from the time of
said recordation. The failure to record the description and plot
within the specified time shall not make the annexation invalid
but such annexation shall be deemed to be effective at the
expiration of the ninety (90) days period from the date of
favorable Special Election.
STRUCTURE OF GOVERNMENT
Section 4. The government of the Town and the exercise of
all powers conferred by this Charter, except as otherwise provided
herein shall be vested in the Mayor and Town Council. The term
of the Mayor shall be a period of two (2) years commencing at the
Annual Meeting of the Town Council following his election and
continuing until his successor is duly elected and qualified.
The Town Council shall be composed of five (5) members,
each of whose terms shall be for a period of two (2) years
commencing at the Annual Meeting of the Town Council
following his election and continuing until his successor is duly
elected and qualified.
Chapter 34 53
The Mayor of The Town of Blades and each member of the
Town Council of the Town of Blades shall receive a salary of
Three Hundred Dollars ($300.00) per annum.
QUALIFICATIONS FOR MAYOR AND TOWN COUNCILMAN
Section 5. The qualifications for Mayor and for City
Councilman at the time of his election shall be as follows:
A bona fide citizen of the United States and of the State
of Delaware and a resident freeholder of The Town of Blades for
at least three (3) years next preceding the annual election.
At least twenty-five (25) years of age; and
A non-delinquent taxpayer of The Town of Blades of all
property taxes levied or assessed by The Town of Blades against
his or her freehold for at least one (1) year next preceding the
annual election.
Each of the qualifications for the Mayor and the Town
Councilman shall be continuing qualifications to hold office and
the failure of either the Mayor or any of the Town Councilmen to
have any of the qualifications required by this Section during his
term of office shall create a vacancy in the office.
For all purposes of this Section, the word "freeholder"
shall be deemed to include any person who holds fee simple title
to real estate either in his own name, as a tenant in common, as a
joint tenant, or as a tenant by the entirety.
METHOD OF MAKING NOMINATIONS
FOR MAYOR AND TOWN COUNCILMAN
Section 6. Each candidate for Mayor and Town Councilman
shall be nominated as follows:
(a) Each candidate shall notify the Town Clerk in writing of
his candidacy for the office of either Mayor or Town Councilman;
or five (5) or more persons qualified to vote in the annual election
may file the name of the candidate for the office of Mayor or
54 Chapter 34
Town Councilman with the Town Clerk of the Town provided
that the candidate endorses his written consent thereon.
All such notifications of candidacy must be filed at the
office of the Town Clerk during the regular business hours of the
Town at least twenty (20) days prior to the date of the annual
election next ensuing; and thereupon, it shall be the duty of the
Town Clerk to have a list of names of all candidates so filed with
him printed in a newspaper of general circulation in The Town of
Blades at least seven (7) full days prior to the said annual election
next ensuing; or in the discretion of the Town Council, the Town
Clerk may post a list of the names of all candidates designating the
office sought by each candidate in at least five (5) public places in
the Town, such public places to be designated by the Council. One
of the said public places shall be in the Town Hall of The Town of
Blades.
In the event that the Town Clerk is unable to act
because of illness, absence, or for any other reason whatsoever, the
names of all candidates shall be filed with the Vice-President of
the Town Council who shall thereupon perform the duties
required of the Town Clerk in subsection (b) of this section.
MANNER OF HOLDING ANNUAL MUNICIPAL ELECTION
Section 7. The procedure for holding the Annual Municipal
Election shall be as follows:
The Annual Municipal Election shall be held at the
Town Hall in The Town of Blades on the first Monday in March of
each and every year from two o'clock in the afternoon, prevailing
time, until six o'clock in the evening, prevailing time, the first said
Annual Municipal Election to be held pursuant to this Charter to
be held on the first Monday in March, A. D. 1972. If there is no
contest for any elected office in any particular year, it shall be
unnecessary to open the polls and the persons whose terms expire
shall be deemed to be elected for another full term.
At the Annual Municipal Election to be held on the first
Monday in March, A. D. 1972, three (3) Councilmen shall be
elected to serve a term of two (2) years or until their respective
successors shall be duly elected and qualified.
At the Annual Municipal Election to be held on the first
Monday in March, A. D. 1973, a Mayor and two (2) Councilmen
Chapter 34 55
shall be elected. The Mayor shall be elected to serve a term of two
(2) years or until his successor shall be duly elected and qualified.
Each of the two (2) candidates for the office of Councilman who
receives the highest number of votes shall be elected for a term of
two (2) years or until their respective successors shall be duly
elected and qualified. The candidate for the office of Councilman
who receives the third highest number of votes shall be elected for
a term of one (1) year or until his successor shall be duly elected
and qualified.
At the Annual Municipal Election to be held on the first
Monday in March, A. D. 1974, three (3) Councilmen shall be
elected to serve a term of two (2) years or until their respective
successors shall be duly elected and qualified.
Thereafter, at each Annual Municipal Election, there
shall be elected three (3) Councilmen who shall serve for a term of
two (2) years or until their respective successors have been duly
elected and qualified except at the Annual Municipal Election in
the year when a Mayor is to be elected at which time two (2)
Councilmen shall be elected to serve for a term of two (2) years or
until their respective successors shall be duly elected and qualified.
The Mayor of The Town of Blades and each member of
the Town Council of the Town of Blades who hold office at the
time of the passage of this Act shall continue to hold office until
their respective successors have been duly elected and qualified.
The Annual Municipal Election shall be conducted by a
Board of Election consisting of an Inspector and two Judges
appointed by the Mayor of The Town of Blades with the
concurrence of a majority of the members of the Town Council at
the last regular meeting of the Town Council prior to the date of
the Annual Municipal Election. The Board of Election shall
determine who is and who is not lawfully entitled to vote thereat,
taking reasonable steps to see that the law pertaining to the
Annual Municipal Election receives compliance and for the
purpose of counting the votes and certifying the result to the
Town Council. If any of the officers so chosen and designated to
conduct the Annual Municipal Election shall not be present at the
polling place at the time designated for the holding of the Annual
Municipal Election, it shall be lawful for the qualified voters
present at the polling place at the time of holding said Annual
56 Chapter 34
Municipal Election to elect from among themselves a person 'to fill
each vacancy in such Board of Election caused by the absence of
any member of the Board of Election. The Board of Election shall
keep a list of all persons who voted at such Annual Municipal
Election.
(h) At such Annual Municipal Election, every person, male
or female, who shall have attained the age of twenty-one (21)
years on the date of the Annual Municipal Election and who shall
have been a citizen of the United States for a period of one (1)
year and a citizen of The Town of Blades for a period of three
months preceding the date of the Annual Municipal Election shall
have one (1) vote, provided he or she has registered on the "Books
of Registered Voters" of The Town of Blades. The Town Council
of The Town of Blades shall provide two (2) registers to be known
as the "Books of Registered Voters" which are to be kept at the
Office of the Town Clerk. The Books of Registered Voters shall
contain the following information for each registrant: The name
of the registered voter arranged in alphabetical order, the address
of the voter, the birthdate of the voter, the date the registrant
became a citizen of the United States, the date that the registrant
became a resident of The Town of Blades, and any other pertinent
information. No. person shall be registered upon the Books of
Registered Voters unless he will have acquired the qualification to
vote in the Annual Municipal Election for the year in which he
registers. A person shall be required to register only one time;
provided, however, that if a registered voter fails to vote in two
consecutive contested Annual Municipal Elections, his name shall
be removed from the Books of Registered Voters and notice sent
to said registered voter at his last known address by registered mail
with return receipt requested advising that his name has been
removed from the Books of Registered Voters and that it will be
necessary to register again in order to be eligible to vote in the
Annual Municipal Election. The Books of Registered Voters shall
be maintained in the Office of the Town Clerk and shall be
conclusive evidence of the right of any person to vote at the
Annual Municipal Election. A person may register at the Office of
the Town Clerk during the regular business hours of such office
until the close of business of such office on the twelfth day prior
to the date of the Annual Municipal Election by completing such
forms as may be provided by the Town.
Chapter 34 57
ORGANIZATION AND ANNUAL MEETING OF COUNCIL
Section 8. (a) Before entering upon the duties of their
respective offices, the Mayor elect, and the Councilman elect, shall
be sworn by a Notary Public to perform faithfully and impartially
the duties of their respective offices with fidelity. At 7:30 o'clock
p.m. at the first regular meeting following the annual election, the
Mayor and Town Council shall meet at the Council Chamber and
the newly elected officers shall assume the duties of office, being
first duly sworn or affirmed to perform 'their duties with fidelity
as aforesaid.
(b) At this annual meeting, held on the first regular meeting
following the Annual Municipal Election, the Town Council shall
organize and elect, by ballot, a Vice-President, who shall hold
office for the term of one year, or until his successor shall be duly
elected. The Town Council shall also choose an Assistant Secretary
to serve until the first regular meeting after the next Annual
Municipal Election, who may or may not be from among their
own number and such other officers and employees as may be
determined to be necessary.
REGULAR AND SPECIAL MEETINGS
Section 9. The Town Council of The Town of Blades shall
hold one meeting in each month on the second Monday of the
month. If the second Monday of the month shall be a legal
holiday, the monthly meeting of the Town Council of The Town
of Blades shall be held on the third Monday of the month. Special
meetings shall be called by the Secretary upon the written request
of the Mayor of The Town of Blades, or upon the written request
of any two members of the Town Council of The Town of Blades,
stating the day, hour and place of the special meeting requested,
and the subject or subjects proposed to be considered thereat. The
Secretary shall thereon give written notice to the Mayor and to
each member of the Town Council of the day, hour and place of
such special meeting and the subject or subjects to be considered
thereat. Such notice of the Secretary must be deposited in the
United States mail in the main Post Office of The Town of Blades
at least forty-eight (48) hours before the time of such special
meeting; provided that a written waiver of such notice, signed by
the Mayor of The Town of Blades and by all members of the
Town Council prior to or immediately upon the convening of such
special meeting, shall make such written notice unnecessary and
58 Chapter 34
shall authorize and make valid the holding of a special meeting at
any time named in such waiver, and the transaction of any other
business at the meeting, if the waiver so states. The Secretary shall
post or cause to be posted in three (3) public places within the
corporate limits of The Town of Blades at least forty-eight (48)
hours before the time of the special meeting notice of the special
meeting, setting forth the day, hour and place of such special
meeting and the subject or subjects to be considered thereat;
Provided, however, that no such notice shall be required if a
written waiver of notice be signed by the Mayor of The Town of
Blades by all the members of the Town Council prior to or
immediately upon the convening of such special meeting.
QUORUM
Section 10. A majority of the members elected to the Town
Council shall constitute a quorum at any regular or special
meeting; but a less number may adjourn from time to time and
may compel the attendance of absent members in such manner
and under such penalties as may be prescribed by ordinance.
RULES AND MINUTES OF COUNCIL
Section 11. The Council shall determine its own rules and
order of business and shall keep a journal of its proceedings and
the yeas and nays shall be entered in the journal with the text of
the ordinance or resolution.
VACANCIES
Section 12. If any vacancy shall occur in the office of
Mayor or Councilman, by death, resignation, loss of residence in
The Town of Blades, refusal to serve, failure to elect, or otherwise,
the same may be filled by a majority vote of the members of the
Town Council, the person or persons so chosen to fill such
vacancy or vacancies shall be qualified as in the case of newly
elected members, and shall hold office for the remainder of the
unexpired term.
DISQUALIFICATIONS
Section 13. If any Councilman or Mayor, during his term of
office, shall be found guilty of any crime or misdemeanor and
Chapter 34 59
sentenced to imprisonment, for any term whatever, or shall for
any reason cease to be resident of said Town, he shall forthwith be
disqualified to act as a member of Council or Mayor, and his office
shall be deemed vacant and shall be filled by Council, as aforesaid.
CONTRACTS
Section 14. (a) It shall be unlawful for the Town Council to
make or enter into any contract in excess of Five Hundred Dollars
($500.00) for materials, supplies, work or labor for the benefit
and use of The Town of Blades with any member of the Town
Council or the Mayor or with any partnership in which any
member of the Town Council or the Mayor is a general partner or
with any corporation in which any member of the Town Council
or the Mayor is a director or controlling stockholder or with any
firm or company which any member of the Town Council or
Mayor is pecuniarily interested, provided that if all the other
elected members of the Town Council shall vote to enter into such
contract, then the Town may enter into such a contract. Any such
contract executed without such unanimous vote shall be absolute-ly
null and void.
(b) All contracts for the purchase of materials or for the
furnishing of services authorized or permitted by this Charter shall
be accomplished by competitive bidding and the awarding of
contracts to the lowest responsible bidder; PROVIDED, HOW-EVER,
that competitive bidding shall not be required in any of
the following circumstances:
I. The aggregate amount involved is not more than Two
Thousand Dollars ($2,000.00);
The purchase or contract is for personal or professional
services;
The purchase or contract is for any service rendered by a
university, college or other educational institution;
The purchase or contract is for any service to be rendered
by the State of Delaware or any political subdivision thereof;
The purchase or contract is for property or services for
which it is impracticable to obtain competition;
60 Chapter 34
The public exigency as determined by the Town Council
will not permit the delay incident to advertising;
The materials to be purchased are to be used to complete
a project under the supervision of the Town Clerk;
8, The purchase or contract is for property or services for
which the Town Council determines the prices received after
competitive bidding are unreasonable as to all or part of the
requirement or were not independently reached in open competi-tion;
9. A public emergency as determined by the Town Council
exists.
DUTIES OF THE MAYOR AND PRESIDENT OF TOWN COUNCIL
Section 15. (a) The Mayor of The Town of Blades shall be
President of the Town Council and shall preside at all meetings
thereof, but shall vote only in the event of a tie. He shall appoint
all committees, receive complaints of nuisances, and other
complaints of citizens concerning violations of law and ordinances.
He shall present a report of complaints of nuisances and violations
of law and ordinances to the Town Council at the first regular
meeting thereafter. He may require the Alderman or the Assistant
Alderman, as hereinafter provided for in this Act, or the resident
Justice of the Peace to proceed upon such infractions or violations
of law or ordinances immediately in the event that he deems such
action to be required.
(b) The Mayor within thirty (30) days following his election
may appoint, by and with the advice and consent of a majority of
the elected members of the Town Council, two suitable persons
who shall be qualified voters of The Town of Blades to act as
Alderman and Assistant Alderman. The persons so selected and
designated need not be Justices of the Peace. Both the Alderman
and the Assistant Alderman shall hold office until each successor
shall be appointed or chosen.
(c) The Mayor shall be a Conservator of the Peace and shall
have concurrent jurisdiction with the Alderman. If no Alderman
or Assistant Alderman is appointed, the Mayor may perform all
the duties prescribed for that office and all fines, penalties and
Chapter 34 61
fees collected by him shall be paid to the Town Clerk. The Town
Council shall procure a suitable record for such Mayor which shall
be known as the "Mayor's Docket" upon which his official acts as
set forth in this Section shall be enforced and kept.
The Mayor and the Alderman shall on the first regular
meeting in each month report to the Town Council all fines,
penalties and fees imposed by them during the preceding month
and pay over to the Town Clerk all such fines, penalties, and fees
due to the Town received by them during said time, and any
default of making such report and payment for a period of twenty
(20) days after such report should be made, and such fines and
penalties should be paid as aforesaid, they shall be deemed guilty
of a misdemeanor and upon conviction thereof by information,
shall be fined not less than Twenty-five Dollars ($25.00) nor more
than One Hundred Dollars ($100.00).
The Mayor may for any reasonable cause, by and with
the consent or upon the address of a majority of all members of
the Council, remove from the office, any person appointed by him
or by any of his predecessors. The person against whom the Mayor
or the Council may be about to proceed shall receive five days
notice thereof, accompanied by a statement of the cause alleged
for the removal and shall be accorded a full and a fair hearing, if
such a request is received by the Mayor by registered mail with
return receipt requested ten (10) days following the date that
notice of removal is received by such person.
The Mayor may appoint such other committees as he
deems necessary for the proper administration of The Town of
Blades or the Council may, by resolution, authorize the Mayor to
appoint certain committees which are deemed necessary to carry
out the provisions of this Act.
It shall be the duty of the Vice-President of the Town
Council, in the absence of the Mayor to preside at all of the
meetings of the Town Council and in the event of the absence of
the Mayor to perform such other duties and have such other
powers of the Mayor as are prescribed by the Charter of the Town
of Blades or by any ordinance of the Council.
62 Chapter 34
TOWN CLERK
Section 16. (a) The Mayor of The Town of Blades, by and
with the advice of a majority of all the elected members of the
Town Council, shall appoint a Town Clerk who shall be the Chief
Administrative Officer of the Town.
The Town Council shall impose such qualifications for
Town Clerk as may be deemed necessary; PROVIDED, HOW-EVER,
that no person holding the Office of Mayor of the Town of
Blades, or the Office of Town Councilman nor shall any parent,
child, brother or sister of the Mayor or Councilman of the Town
of Blades be appointed Town Clerk during the term of office of
such Mayor or Councilman.
The Town Clerk shall hold office for an indefinite term
and may be removed by a majority vote of all the elected members
of the Town Council. In the event of a tie, the Mayor of the Town
of Blades shall cast the deciding vote. At least thirty (30) days
before such removal shall become effective, the Town Council
shall, by a majority vote, adopt a preliminary resolution stating
the reasons for removal. The Clerk may reply in writing and may
request a public hearing which shall be held not earlier than
twenty (20) days nor more than thirty (30) days after the filing of
the request. The request for a public hearing by the Clerk shall be
by registered or certified mail with return receipt requested and
shall be addressed to the Mayor of The Town of Blades. After such
public hearing, if one be requested, the Town Council, by a
majority vote, may adopt a final resolution of removal. By the
preliminary resolution, the Town Council may suspend the Clerk
from duty, with or without salary during the period of suspension,
but shall cause to be paid to him any part of his salary which is
due and owing at the time of suspension. If no public hearing is
requested, the Town Council, at the expiration of thirty (30) days
from the date of the preliminary resolution, shall adopt a final
resolution either reinstating the Clerk or terminating his
employment. For all purposes of this Section, in the event of a tie
vote, the Mayor of the Town of Blades shall cast the deciding vote.
All members of the Town Council of The Town of Blades who are
entitled to vote and who are present shall vote for or against the
removal of the Clerk.
Chapter 34 63
The Town Clerk shall give bond with a corporate surety
acceptable to the Town Council in an amount determined by the
Town Council to be adequate conditioned upon the faithful
performance of his duties, the payment to the Town of Blades of
all money coming into his hands as Town Clerk from whatever
source derived, and in the event of death, resignation, or removal
from office, the delivery to his successor of all papers, books,
records and other property of the Town of Blades in his hands or
under his control. The expense of the bond shall be paid by The
Town of Blades.
The Town Clerk shall receive as compensation for his
services an annual salary to be fixed from time to time by a
resolution of the Town Council, payable in weekly installments.
The Town Clerk shall attend all meetings of the Town
Council and shall act as Secretary thereof, keeping proper and
adequate minutes of its acts and proceedings. The Town Clerk
shall be in attendance at his office on such days and between such
hours as may be directed by the Town Council.
The Town Clerk shall keep a record of all officers,
agents and employees of the Town, when elected or appointed,
the term of office or employment, and the salary or compensation
thereof.
The Town Clerk shall keep the assessment books and
tax records of the Town with the names of the taxpayers arranged
alphabetically showing the tax, a short description of the
property, its assessed valuation, and all other assessments and
charges due the Town.
The Town Clerk shall collect all taxes, license fees, water
rentals, sewer charges and all other money due to be paid to the
Town pursuant to the provisions of this Charter or any amend-ment
thereto, or as prescribed by any ordinance or resolution of
the Town Council and he shall keep separate, complete and
accurate records of all funds received and due to be paid to the
Town.
The Town Clerk shall act as Treasurer of The Town of
Blades and shall promptly deposit in such bank or trust company
designated by resolution of the Town Council all funds received
64 Chapter 34
by him and as may be directed by resolution of The Town
Council, keep and maintain separate accounts for funds received
from the payment of taxes, license fees, water rentals, sewer
charges, or otherwise. He shall keep a full and complete record of
all disbursements made by him.
(k) The Town Clerk shall make such appointments and hire
such employees at such compensations as the Town Council may
from time to time determine. All employees shall be hired for an
indefinite term and may be removed by the Town Clerk at any
time unless otherwise provided by Council. He shall exercise his
sole discretion in the appointment or hiring of any such
employees; PROVIDED, HOWEVER, that if a resident or resi-dents
of the Town, competent to perform the work required by
the Town Clerk, can be found such resident or residents shall be
given first choice. The Town Clerk shall be the sole judge of the
competence or incompetence of any such person. The Town
Council of The Town of Blades shall sit as a Board of Appeal to
review the removal of any employee or employees at such times
when a majority of the elected members of the Town Council shall
deem it in the best interest of the Town to do so. The decision of
the Town Council in such cases shall be conclusive.
(1) It shall be the duty of the Town Clerk to supervise the
administration of the affairs of the Town under his charge and to
make such reports to the Town Council as are required by it. He
shall make such recommendations to the Town Council concern-ing
the affairs of the Town as may seem to him desirable. He shall
keep the Town Council advised of the financial condition of the
Town and of its future needs. He shall prepare and submit to the
Town Council the annual budget estimate.
In conjunction with the Mayor of The Town of Blades,
the Town Clerk shall sign all checks pursuant to appropriations or
resolutions made by the Town Council. In the absence of either
the Mayor or the Town Clerk, the Vice-President of the Town
Council shall sign checks.
The Town Clerk shall prepare and submit to the Town
Council such reports as may be required by that body and shall
perform such other duties as may be prescribed by this Charter or
required of him by ordinance or resolution of the Town Council.
Chapter 34 65
(o) In case of the absence or disability of the Town Clerk,
the Town Council may designate some qualified person to perform
the duties of such office during his absence or disability.
ASSISTANT SECRETARY
Section 17. The duties and powers of the Secretary as
hereinbefore prescribed shall devolve upon the Assistant Secretary
in the absence or inability of the Secretary. The Assistant
Secretary shall likewise perform such other duties and have such
other powers as may be prescribed by resolution by the Town
Council of The Town of Blades, and shall receive such compensa-tion
as the Town Council by resolution shall determine.
ALDERMAN AND ASSISTANT ALDERMAN
Section 18. (a) The Mayor may appoint some suitable
person to act as Alderman and may appoint some suitable person
to act as Assistant Alderman. Any person appointed by the Mayor
to serve as Alderman or Assistant Alderman shall be at least
twenty-one (21) years of age, shall be of good character and
reputation and shall be a resident of The Town of Blades and shall
not be a member of the Town Council of The Town of Blades.
Any person appointed by the Mayor to serve as Alderman or
Assistant Alderman shall be appointed for an indefinite term and
any such appointment shall be confirmed by a majority of all
members of the Town Council of The Town of Blades. Either the
Alderman or the Assistant Alderman may be removed from office
at any time, with or without cause, by the affirmative vote of
two-thirds of all the elected members of the Town Council of The
Town of Blades.
(b) Before entering upon the duties of his office, the
persons appointed by the Mayor to serve as Alderman and
Assistant Alderman shall be sworn or affirmed by the Mayor to
perform the duties of his office honestly, faithfully and diligently
and to uphold and enforce the Charter of The Town of Blades and
ordinances duly enacted by the Town Council of The Town of
Blades and to carry into effect all orders of the Town Council of
The Town of Blades made pursuant to any law of this State. The
Assistant Alderman shall perform the functions of the Alderman if
the Alderman is unavailable and at such other times as may be
designated by the Mayor. During such periods, the Assistant
Alderman shall have all the powers and duties of the Alderman.
66 Chapter 34
The Town Council shall procure a suitable record for the
use of the Alderman and the Assistant Alderman. Such record
shall be known as the "Alderman's Docket". The Alderman and
the Assistant Alderman shall each record all official acts and
proceedings in the "Alderman's Docket".
The Alderman and the Assistant Alderman shall have
jurisdiction and cognizance of all breaches of the peace and other
offenses committed within the corporate limits of The Town of
Blades so far as to arrest and hold for bail, or fine and imprison
offenders for any offense, penalty or forfeiture prescribed by the
Charter of The Town of Blades and any ordinance enacted
thereunder; of all neglects, omissions or defaults of any City
Officer, agent or employee; PROVIDED, HOWEVER, that neither
the Alderman nor the Assistant Alderman shall impose any fine in
excess of Five Hundred Dollars ($500.00) nor imprison any
offender for more than sixty (60) days except as otherwise
provided in the Charter of The Town of Blades. The Alderman and
the Assistant Alderman may in addition to any fine or term of
imprisonment permitted to be assessed or imposed, impose or
collect such costs as set by ordinance by the Town Council of the
Town of Blades; PROVIDED, HOWEVER, that no cost shall be
imposed which is in excess of that which may be imposed by a
Justice of the Peace for like service.
The Alderman and the Assistant Alderman shall prepare
and submit a monthly report to the Town Council reporting all
fines and penalties imposed during the preceding calender month
and shall pay to the Town Clerk of the Town of Blades all such
fines and penalties.
The Alderman and the Assistant Alderman shall receive
such compensation as may be fixed from time to time by
resolution of the Town Council.
If any Alderman or Assistant Alderman shall be removed
from office as hereinbefore provided, he shall deliver to the Town
Clerk, within two (2) days after his removal from office, all the
books and papers belonging to his office, and shall pay over to the
Town Clerk all monies in his hands within five (5) days after
receiving the notice of his removal from office. Immediately after
the receipt of the books and papers belonging to the office of
either the Alderman or the Assistant Alderman, the Town Clerk
Chapter 34 67
shall require the auditor of the Town, appointed as hereinafter
provided, to make an audit of the books and papers of the official
so removed from the office. Upon the neglect or failure to deliver
all the books and papers to the Town Clerk, within the time
specified by this Charter or to pay over all the monies to the Town
Clerk within the time specified, the Alderman or Assistant
Alderman, so removed, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined no less thanTwenty-five
($25.00) Dollars nor more than One Hundred Dollars ($100.00) for
each day that he fails to deliver the books and papers to the Town
Clerk or to pay over all monies to the Town Clerk.
POWER TO BORROW MONEY AND ISSUE BONDS
Section 19. The Town Council may borrow money and
issue bonds or certificates of indebtedness to secure the payment
thereof on the faith and credit of The Town of Blades, to provide
funds for the erection, the extension, the enlargement, the
purchase or the repair of any plant, machinery, appliance, or
equipment, for the supply, or the manufacture and distribution of
electricity or gas for light, heat or power purposes; for the
furnishing of water to the public; for the construction, repair or
improvements of highways, streets, or lanes, or the paving, curbing
or erection of gutters along the same; for the construction or
repair of sewers or sewage disposal equipment; or to defray the
cost or the share of The Town of the cost of any permanent
municipal improvements; provided, however, that the borrowing
of money therefor shall have been authorized by the Town
Council and shall have been approved by the electors in the
manner and at the time following:
Council by resolution shall propose to the electors of
the Town by resolution that a stated amount of the money shall
be borrowed for any of the above purposes. The resolution shall
state the amount of the money desired to be borrowed, the
purpose for which it is desired, the manner of securing the same,
and other pertinent facts relating to the loan which are deemed
pertinent by the Town Council and in their possession, and shall
fix a time and place for hearing on the said resolution.
Notice of the time and place of the hearing on the
resolution authorizing said loan shall be printed in a newspaper
having a general circulation in the City and or, in the discretion of
68 Chapter 34
the Town Council, distributed in circular form at least one week
before the time set for said hearing.
A second resolution shall then be passed by Council
ordering a special election to be held not less than thirty days and
not more than sixty days after said hearing to borrow the said
money, for the purpose of voting for or against the proposed loan.
The passing of the second resolution calling the special election
shall ipso facto be considered Council's determination to proceed
in the matter in issue.
The notice of the time and place of holding the said
special election shall be printed in two issues of a newspaper
having a general circulation in The Town of Blades within thirty
days prior to the election, and or distributed in circular form at
least fifteen days prior to the election or both at the discretion of
the Council.
At the special election, every owner of property,
whether an individual, partnership or corporation, shall have one
(1) vote and the said vote may be cast either in person or by
proxy. In the case of property owned jointly by husband and wife,
the vote shall be cast by either the husband or wife who first
presents himself at the polls. In the case of all other property
owned by more than one property owner either as tenants in
common or as joint tenants with the right of survivorship, the vote
shall be cast by either tenant in common or by either joint tenant
who first presents himself at the polls. Property owners whose
property is exempt from taxation or is not assessed shall not be
entitled to vote.
The Town Council shall cause to be prepared, printed
and have available a sufficient number of ballots not less than five
(5) days prior to the date of the Special Election.
The Mayor shall appoint three (3) persons to act as a
Board of Special Election to conduct the Special Election.
The Board of Election shall count the votes for and
against the proposed loan; and shall announce the result thereof;
shall make a certificate under their hands of the number of votes
cast for and against the proposed loan, and shall deliver the same
to the Council, which said certificates shall be entered on the
Chapter 34 69
minutes of.the Council, and the original shall be filed with the
papers of the Council.
The form of bond or certificate of indebtedness, the
interest rate, the time of payment of interest, the classes, the time
of maturity, and provisions as to the registration shall be
determined by the Council after said public hearing. The bonds
may be sold at either public or private sale as determined by the
Town Council. The Council may provide, in its budget, and in
fixing the rate of tax, for the payment of interest and principal of
said bonds at the maturity or maturities thereof, a sinking fund
therefor. The faith and credit of The Town of Blades shall be
deemed to be pledged for the due payment of the bonds and
interest thereon issued under the provisions hereof, when the same
have been properly executed and delivered for value, and there
shall be no limitation upon the amount of taxes which may be
raised by taxation for the payment of interest on and principal of
any bonded indebtedness whether incurred before or after the
passage of this Act.
The bonded indebtedness shall not at any time exceed in
the aggregate the total sum of Twenty-five per centum (25%) of
the value of the real property situate within the limits of the Town
as shown by the last assessment preceding the creation of the said
indebtedness.
In the event The Town of Blades should construct or acquire
any plant, machinery, appliance, or equipment for the supply of
electricity or gas for light, heat or power purposes to the outlying
communities provided that this authority shall not exceed a
distance of One Mile beyond the limits of said Town as set forth
herein or as extended by annexation as herein provided, and
provided that such extension will not incur indebtedness in excess
of the bonded limit of said Town and to do all things necessary to
carry out this authority.
TOWN SOLICITOR
Section 20. At the first regular meeting following the
Annual Election, The Town Council of the Town of Blades shall
re-elect and appoint a Town Solicitor. The Town Solicitor shall be
a member in good standing of the Bar of the State of Delaware
with offices in Sussex County. It shall be his duly to give legal
70 Chapter 34
advice to the Mayor and the Town Council and other officers of
the Town and to perform such other legal services as may be
required by the Town Council.
BOARD OF HEALTH
Section 21. (a) The Board of Health shall consist of four (4)
members, one of whom shall be a practicing physician. The Board
shall be appointed by The Town Council at the first regular
meeting following the Annual Election hereinbefore provided and
shall serve for one year or until their successors are duly appointed
and qualified. The Board of Health shall have cognizance of and
interest in the life and health of the people of the Town. It shall
report to the Town Council, in writing, whatever is deemed by the
Board to be injurious to the health of the people of the Town, and
shall make recommendations to the Town Council concerning
whatever may contribute to the health and sanitation of the
people. The Board shall organize by the election of a President and
Secretary within ten (10) days after the notice of their appoint-ments,
and shall keep a record of their proceedings and acts. The
Secretary shall be the executive officer of the Board.
The Secretary of the Board may be allowed a reasonable
annual compensation for his services which shall be determined by
the Town Council, and no other compensation shall be paid to the
Secretary for his services as such. The Secretary may or may not
be a member of the Board of Health appointed by the Town
Council, but he shall be a resident of the Town.
The power to adopt ordinances relating to the health of
the population of the Town, or to prevent the introduction or
spread of infections or contagious diseases or nuisances affecting
the same, shall extend to area outside of the Town within one mile
from said limits.
POLICE FORCE
Section 22. (a) It shall be the duty of the Town Council to
appoint a Police Force, consisting of a Chief of Police and such
members or subordinates as the Town Council may deem wise.
The Town Council shall, from time to time, make rules and
regulations as may be necessary for the organization, government,
and control of the Police Force. The Chief of Police and the
Chapter 34 71
members of the Police Force shall be subject to the direction of
The Town Council and may be removed by the Town Council at
any time. They shall preserve peace and order, and shall compel
obedience within the corporate limits and within One (1) mile
outside the corporate limits to the ordinances of the Town and the
laws of the State of Delaware. They shall have such other duties as
the Town Council shall, from time to time, prescribe.
Each member of the Police Force shall be vested, within
One (1) mile of the corporate limits of The Town of Blades, with
all the powers and authority of any Constable of Sussex County
and in the case of a pursuit of an offender their power and
authority shall be without territorial limitations.
Every person sentenced to imprisonment shall be
delivered by a member of the Police Force to the County Jail of
Sussex County, or to the lockup of the Town, to be there
imprisoned for the term of the sentence.
It shall be the duty of the Police to suppress riotous,
disorderly or turbulent assemblage of persons in the streets of the
Town, or the noisy conduct of any person in the same, and upon
view of the violation of any ordinance of the Town relating to the
peace and good order thereof, the Police shall have the right and
power to arrest without warrant and to take the offender before
the Alderman or Assistant Alderman or before any Justice of the
Peace in Sussex County for hearing thereon.
ASSESSOR
Section 23. (a) At the first regular meeting following the
annual election, it shall be the duty of the Town Council to
appoint an Assessor. The Assessor shall be over the age of
Twenty-Five (25) years, a bona fide resident of The Town of
Blades and a freeholder of the Town.
On good behavior, the term of office of the Assessor
shall be one year and shall expire on the date of the first regular
meeting of the year succeeding his appointment.
He shall be sworn or affirmed by the Mayor of The
Town of Blades to perform his duties with fidelity and without
favor. It shall be his duty to make a fair and impartial assessment
72 Chapter 34
of property and persons subject to taxation situated within the
Town and to perform such other duties in reference thereto as
shall be prescribed, from time to time, by the Town Council.
The compensation to be by him received for the
performance of his duties and the hiring of employees to assist
him in the performance of his duties shall be fixed by and subject
to the approval of the Town Council.
ASSESSMENT OF TAXES
Section 24. (a) The Assessor shall, prior to the first day of
September, make a just, true and impartial annual valuation or
assessment of all real estate within the Town of Blades. In making
such assessment, the rules and exemptions now applicable by law
to the making of the County Assessment of persons and properties
shall be applicable insofar as consistent with the provisions of this
Charter. All real estate shall be described with sufficient particu-larity
to be identified. Real estate and improvements located
thereon shall be assessed to the owner or owners if he or they be
known. If the owners or owner cannot be found or ascertained, it
may be assessed to "Owner Unknown". A mistake in the name of
the owner or owners, or a wrong name, or an assessment to
"Owner Unknown", shall not affect the validity of the assessment
of any municipal tax or assessment based thereon; provided the
assessment shall specify the last record owner or owners thereof as
the same shall appear from the records in the Office of the
Recorder of Deeds of Sussex County at Georgetown, Delaware.
The Assessor shall also make a personal assessment of all
the male and female citizens of the Town above the age of
twenty-one years. He shall also make a personal assessment against
all person or persons residing within the limits of the Town
whether he be an owner of said real estate or not; said personal
assessment shall be determined by the Town Council and certified
to the Assessor. Said personal assessment or per capita tax, in the
case of both resident and non-resident real estate owner, shall be
in addition to the assessment levied on the real estate so owned by
and assessed against him.
The Assessor, after making such annual assessment, shall
at the first regular meeting in September, aforesaid, deliver to the
Town Council, a list containing the names of all persons assessed
Chapter 34 73
and the amount of the assessment against each. He shall also
deliver at such time as many copies of said list as the Town
Council shall direct.
The annual assessment list shall distinguish the real and
personal assessment of each person and shall also be arranged so
that the land, the improvements thereon, and the per capita
assessment shall appear in separate column of spaces. In making its
assessment, the Assessor shall make his valuation accordingly.
The real property of the Assessor shall be assessed by
the Town Council.
Immediately upon receiving the annual assessment list
from the Assessor, the Town Council shall cause a full and
complete copy of the same containing the amount assessed to each
taxable to be hung up in a public place in The Town of Blades,
and there it shall remain for a period of at least ten (10) days for
the information of and examination by all concerned. Appended
thereto and also in five or more public places in said Town shall be
posted notices advising all concerned that, upon a certain day
mentioned therein and not earlier than ten (10) days after the date
of posting of the true and correct copy of the annual assessment
list and notice, between the hours of one o'clock p.m. and five
o'clock p.m., the Town Council will hold a Board of Appeals, at
which time and place they shall hear appeals from the said annual
assessment. The decision of the Town Council, sitting as a Board
of Appeals, shall be final and conclusive and the said Town
Council shall revise and complete said assessment at this sitting.
No councilman shall sit upon his own appeal but the same shall be
heard and determined by the other members of the Town Council.
The Assessor shall be present on the day fixed for
hearing appeals and shall furnish to the Town Council such
information and answer such questions as the Town Council may
require in respect to any assessment from which an appeal has
been taken. The Town Council shall have authority to enforce his
attendance by appropriate process.
LEVY OF ANNUAL TAXES
Section 25. (a) At the first regular meeting in November,
after having revised and completed the assessment, the Town
Council shall determine to their best judgment and knowledge the
total amount necessary to be raised by the Town to meet all fixed
and anticipated expenses and obligations of the Town, including
reasonable and appropriate reserves, for the then current fiscal
year as set forth in the Town Budget for such year plus a
reasonable amount to cover unanticipated expenses and emergen-cies;
PROVIDED, HOWEVER, that for the period from the end of
the present fiscal year until December 31, 1970, the Town Council
shall use the same assessment and tax rate and shall prorate the
amount of taxes due for the period from the end of the present
fiscal year until December 31, 1971; AND PROVIDED, FUR-THER,
that the Town Council of the Town of Blades shall employ
the procedures of this Section in levying taxes to be paid for the
period beginning January 1, 1971, and ending December 31, 1971,
and for each fiscal year thereafter.
(b) It shall then proceed to determine, in its sole discretion,
from which sources of the authorized revenues of the Town the
amount so determined by them shall be raised and, within the
limits prescribed by this Charter with respect to any such source,
the amount to be raised from each such source.
The Town Council shall then proceed to determine, assess, fix
and/or levy the following:
The rate of tax on real estate and on improvements
located thereon per $100 of assessed value; and/or
The amount of personal or per capita tax upon each
qualified voter; and/or
The rate of tax upon all poles, constructions, erection,
wires, and appliances more particularly mentioned or intended so
to be, in Section 27 (32) of this Charter, as amended; and/or
The rates to be charged for the supplying of water, sewer
service, and other utility services and the several amounts thereof;
The several license fees to be charged for carrying on or
conducting of the several businesses, professions, or occupations
more particularly mentioned, or intended so to be in Section 27
(33) of this Charter, as amended; and/or
74 Chapter 34
Chapter 34 75
f. The fees or rates to be charged in respect of any other
authorized source of revenue sufficient in their best judgment and
estimation to realize the amount to be raised from each such
source determined by them to be used, as aforesaid; provided,
however, that sources "d", "e" and "1" aforementioned may be
determined, fixed, assessed, levied and/or altered or changed upon
other than a fiscal year basis and at any other regular or special
meeting of the Council as it, in its own proper discretion, shall
determine.
Immediately after the first regular meeting in November
of each and every year, the Town Council shall make, or cause to
be made, a full, true and correct annual tax list showing the
amount of tax levied against each taxable thereon from sources a,
b, and c, above mentioned. This list shall be known as the annual
tax list of The Town of Blades. In addition to the information
contained in the assessment list, it shall likewise contain informa-tion
as to the rate of tax upon real estate and upon improvement
located thereon per $100 of assessed value thereof.
The Town Council shall cause to be delivered to the
Town Clerk a duplicate of said annual tax list, and the Town Clerk
shall immediately proceed to collect the same as hereinafter
provided.
Nothing contained in this Charter shall be construed to
effect or impair in any way the validity of any tax, fee,
assessment, or other charge lawfully levied, assessed, or due the
Town of Blades under existing laws in reference to said Town and
the same are hereby declared to be valid, binding and vested in
The Town of Blades created hereby.
COLLECTION OF ANNUAL TAXES
Section 26. (a) The Town Clerk, as soon as the Town
Council shall have placed in his hands the duplicate annual tax list,
shall proceed at once to collect the taxes on said duplicate list.
(b) All taxes so levied or imposed by the Town of Blades in
such annual tax list, shall be and constitute a lien upon all the real
estate of the taxable against or upon whom such taxes are laid or
imposed, of which such taxable was seized, at any time after such
taxes have been levied and imposed, that is situated in The Town
76 Chapter 34
of Blades. Such lien shall have preference and priority to all other
such liens on real estate or upon improvements located thereon
created or suffered by said taxable although such other lien or
liens be of a date prior to the time of the attaching of such lien for
taxes; provided, that the lien for such Town taxes shall remain a
lien for a period of ten (10) years from the date upon which the
Town Council shall deliver unto the Town Clerk the tax list
therefor. If such real estate remains the property of such person or
persons who owned it at the time the tax was laid, then the lien
shall not be extinguished until the tax is collected.
All taxes shall be paid to the Town Clerk of The Town
of Blades, and all taxes shall be due and payable at and from the
time of delivery of the tax list to the Town Clerk.
All taxes shall be paid at the Town Office and payable
to the Town of Blades.
In the collection of said taxes, the said Town Clerk shall,
on all taxes paid on or after the first day of January and on or
before the last day of January next succeeding the delivery of the
annual duplicate tax list to the Town Clerk, there shall be no
deduction or abatement. On all taxes paid after the last day of
January next succeeding the delivery of the annual duplicate tax
list to the Town Clerk, there shall be added an amount equal to
one per centum (1%) per month for each and every month such
taxes shall remain unpaid and shall be collected in the same
manner as the original amount of the tax.
On the same day of the month of the second year
following the delivery of the duplicate annual tax list to the Town
Clerk, the Town Clerk shall make full, final and complete
settlement with the Town Council. The settlement shall take place
on that day in the room in which the Town Council holds their
meetings. At such settlement, the Town Council shall allow to the
Town Clerk all taxes which shall have been impossible to collect
by reason of errors in the assessment list, delinquencies or
otherwise. No allowance shall be made for the default of neglect
or delay of the Town Clerk. The settlement shall be final and
conclusive and no other allowance, in any form, shall be made to
the Town Clerk by the Town Council. Upon the conclusion of the
settlement, the Town Clerk shall pay over to The Town of Blades
the aggregate amount of the taxes found to be due the Town.
Chapter 34 77
Upon his failure or neglect to do so, it shall be the duty of the
Town Council to proceed to collect the same from the Town Clerk
and/or his surety. Default by the Town Clerk to the Town in any
sum, shall, ipso facto, vacate his office; provided, however, that
the Town Council, for good cause shown shall have the power to
extend the time for settlement by the Town Clerk for a period not
exceeding six months.
ENUMERATION OF POWERS
Section 27. Not by way of limitation upon the power
vested in the Town Council to exercise all powers delegated by
this Charter to the municipal corporation except as may expressly
appear herein to the contrary, but, rather, by way of enumeration
and for purposes of clarity, the Town Council is vested by this
Charter with the following powers, to be exercised by said Town
Council in the interest of good government and the safety, health
and welfare of the Town, its inhabitants and affairs that is to say:
I. To prevent vice, drunkenness and immorality.
To provide for and preserve the health, peace, safety,
cleanliness, ornament and good order of the Town and its
inhabitants.
To prohibit all gaming and fraudulent devices.
To prohibit, restrain, license or regulate all public sports,
exhibitions, shows, parades, productions, circuses or other public
performances, amusements and games.
To ascertain, locate, lay out, establish, open, change,
alter, widen, abandon, regulate the use and enjoyment of, prevent
or remove any obstruction of, level, grade, flag, dress, macada-mize,
pave, gravel, shell, improve, dredge, erect, remove, repair or
replace any new or present street, highway, lane, alley, water-course,
park, lake, strand, crosswalk, wharf, dock, sewer, drain,
aquaduct, or pipe line, or portion thereof, in the Town; to specify
the grade thereof, the materials to be used in the doing thereof
and the manner in which the same shall be done; and to enter into
contracts or agreements for the doing thereof, including contracts
or agreements with the State Highway of the State of Delaware for
the permanent maintenance, repair and upkeep of any street, lane,
alley, roadway, or other highway within the Town.
78 Chapter 34
To establish and regulate pounds and to restrain, prohibit
and empound any domestic or wild animal, beast, bird or fowl
running at large, and to authorize the destruction of the same, and
to impose taxes on the owners of dogs and to regulate the keeping
of livestock, poultry and dogs.
To locate, regulate, license, restrain or require the
removal of slaughter houses, wash houses, laundries, canning
establishments, phosphate, fish, fertilizer or manure plants or
establishments, swine pens, privies, water closets and any business-es
or buildings or conditions detrimental to the public health or
constituting a public nuisance or of an offensive or noxious
nature.
To purchase or otherwise acquire, or to construct, lay
out, fence and maintain one or more cemeteries within the
corporate limits of The Town of Blades and to use or permit the
use thereof for the burial of human beings and to assess the
owners of the various lots thereof annually for the care of said
cemetery.
To enforce the removal of snow, ice, dirt or other foreign
substance from sidewalks and gutters by owners or abuting
owners.
To prohibit, remove, or regulate the erection and
maintenance of any stoop, step, platform, bay window, cellar
door, gate, area, descent, sign, post, or any other erection of
projection in, over, upon or under any street, highway, alley, lane,
watercourse, park, lake, strand, sidewalk, crosswalk, wharf, dock,
sewer, drain, aqueduct or pipeline of the Town.
To define, prevent, abate or remove nuisances, obstruc-tions
or any condition detrimental to the public safety, health or
welfare.
To provide an ample supply of pure water for The Town
and its inhabitants and to this end to acquire, lease, erect,
construct, maintain, operate, extend, enlarge, renew, replace,
control, and dispose of wells, reservoirs, pumps, machines,
stations, tanks, standpipes, water mains, fire hydrants and all other
equipment, property or rights used in and about the collection,
storage, purification, conveyance, distribution or sale of water; to
Chapter 34 79
regulate and prescribe for what private or public purposes the
water furnished by the municipal corporation may be used, the
manner of its use, the amounts to be paid by the users thereof, the
means whereby such amounts shall be collected and the fines or
penalties, or both, for any wilful or negligent injury or damage to
or interference with the water system or equipment of the Town;
to furnish, or refuse to furnish, water from the Town system to
places and properties outside the Town limits; and to contract for
and purchase water and distribute the same to users within or
without the Town with the same full powers as though such water
had been initially reduced to usefulness by the municipal
corporation itself.
To provide, construct, extend, maintain, manage and
control a sewer system and/or a sewage treatment and disposal
plant and facilities for the health, sanitation and convenience of
the inhabitants of the Town; to regulate and prescribe for what
private or public purposes the system may be used, the manner of
its use, the amounts to be paid by the users thereof, the means
whereby such amounts shall be collected and the fines or
penalties, or both, for any wilful or negligent injury or damage to,
or interference with the said system, plant or facilities; to furnish
or refuse to furnish, sewer disposal service from the Town system
to places and properties outside the Town limits; in the interest of
the public's health, to compel any and all properties in the Town
to be connected to the sewer system of the Town; and to contract
for and purchase sewer disposal service and to resell the same to
users within or without the Town with the same full powers as
though such service had been initially provided by the facilities
therefor of the municipal corporation itself.
To provide, construct, extend, maintain, manage and
control a plant and system, or plants and systems, for the
generating, manufacturing and distributing of electric current or
gas, or both, to the inhabitants of the Town and for lighting the
streets, highways, lanes, alleys, watercourses, parks, lakes, strands,
sidewalks, crosswalks, wharves, docks, public buildings or other
public places of the Town, and to this end to acquire, lease, erect,
construct, maintain, operate, extend, enlarge, renew, replace,
control and dispose of transmission and distribution lines, pipes,
mains and other conveyances for any such current or gas as may
be necessary properly to light the Town, and to furnish proper
connections for electric current and gas to the properties of the
80 Chapter 34
inhabitants of the Town who may desire the same; to regulate and
prescribe for what private or public purpose the current or gas
furnished by the municipal corporation may be used, the manner
of its use, the amount to be paid by the users thereof, the mains
whereby such amounts shall be collected and the fines or penalties
or both, for any wilful or negligent injury or damage to or
interference with the electric or gas system or systems to places
and properties outside the Town limits; and to contract for and
purchase electric current or gas and distribute the same to user
within or without the Town with the same full powers as though
such current or gas had been initially reduced to usefulness by the
municipal corporation itself.
To fully control within the Town the drainage of all
water and, to that end, to alter or change the course and direction
of any natural water course, runs or rivulet within the Town, to
regulate, maintain, clean and keep the same open, clean and
unobstructed, and to provide, construct1 extend, maintain, manage
and control a surface water drainage system and facilities for the
health, sanitation and convenience of the inhatitants of the Town.
To provide, construct, extend, maintain, manage, and
control jetties, bulkheads, embankments, flood gates, piers,
boardwalks, or fills for the preservation of any strand or highland
within the limits of the Town or contiguous thereto, to the end
that the same may be preserved, property protected and the
general public might enjoy the use thereof.
To grant franchises or licenses to any responsible person,
firm, association or corporation, for such period of time, upon
such terms, restrictions, stipulations and conditions and for such
considerations as the Town Council shall deem wise, to use the
present and future streets, highways, lanes, alleys, watercourses,
parks, lakes, strands, sidewalks, crosswalks, wharves, docks, and
other public places of the Town for the purpose of furnishing
heat, light, power, gas, water, sewer, drainage, electric current,
telephone, telegraph, railroad excepting railroads or railways
engaged in interstate commerce, bus, taxi or other transportation,
carrier or public service to the Town and to the persons, firms, or
corporations residing or located therein and for the purpose of
transmitting the same from or through the Town to points outside
the limits thereof, and for the purpose of erecting wharves and
piers, and for the purposes of vending any article of merchandise
Chapter 34 81
or service upon, or from any vehicle upon any such present and
future street, highway, lane, alley, etc.; provided, that no exclusive
franchise or license shall be granted for any such purpose to any
person, firm, association or corporation whomsoever.
To regulate and control the exercise of any license or
franchise mentioned in Section 29 (17) of this Charter or intended
so to be.
To direct, regulate and control the planting, rearing,
treatment and preserving of ornamental shade trees in the streets,
highways, avenues, parks and grounds of the Town and to
authorize or prohibit the removal or destriction of said trees.
To direct the digging down, draining, filling up, cleaning,
cutting or fencing of lots, tracts, pieces or parcels of ground in the
Town which may be deemed dangerous or unwholesome or
necessary to carry out any improvements authorized by this
Charter.
To provide for or regulate the numbering of houses and
lots on the streets, and the naming of streets and avenues.
To regulate, control or prevent the use of storage of
gunpowder, fireworks, tar, pitch, resin and all other combustible
materials and the use of candles, lamps and other lights in stores,
shops, stables and other places; to suppress, remove or secure any
fireplace, stove, chimney, oven, broiler, or other apparatus which
may be dangerous in causing fire.
For the prevention of fire and the preservation of the
beauty of the Town, to regulate and control the manner of
building or removal of dwelling houses and other buildings; to
establish a code for the same and to provide for the granting of
permits for the same; to establish a building line for buildings to
be erected; zone or district the Town; and make particular
provisions for particular zones of districts with regard to building
or building materials; and, generally to exercise all the powers and
authorities vested in the legislative body of cities and incorporated
towns under and by virtues of 22 Del. C. § 301 et seq., and all
amendments thereto.
82 Chapter 34
To acquire, build, erect and maintain a suitable place as
a lock-up or jail for the Town which shall be used as a place of
detention for persons convicted of violation of law or ordinance,
or for the detention of persons accused of violation of law or
ordinances for a reasonable time, in cases of necessity, prior to
hearing and trial; and to provide for the restraint, support, and
employment of paupers, beggars and vagrants; provided, that the
jails of Sussex County may be used for any such purp

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- SIXTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 5, A. D.
1971
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January II, A. D.
1972
PART I
VOLUME LVIII